Legal Question in Family Law in California
I reside in CA and our current agreement for transportation is being challenged by the NCP because he moved more than 100 miles from our drop off and pickup location and now wants me to share the burden of the distance. How can I best present to the judge that this is an unfair request?
1 Answer from Attorneys
Judges are mostly going to rule that you share the transportation. Some do hold the idea that you move, it should be your burden. If your judge is predisposed on this issue, it doesn't matter what you present. If the matter is argued before the court, you need to present the reasons for the move and why that should be his problem. That is, did he move for work, or does he simply have a choice of where to live and chose to be 100 miles further away? The issue is, when arguable, if the move was "necessary," it's your shared transportation problem, if the move was "voluntary," you can argue it should be his problem.
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