Legal Question in Family Law in California
Out of state visitation and who pays for flights
Last year the court ordered that my daughter, once she turned 12, can fly on her own to AZ to see her dad twice a month. Her father has been flying with her for the 2 years. She turned 12 last month and this weekend is the first fly-on-her-own. I won't let her go on her own because there are too many things that could happen. Dad expects me to pay if I want to accompany her on the flights. That will end up costing me around $800 to $1000 a month. I receive only $310 a month in child support. Can I refuse to send my daughter?
2 Answers from Attorneys
Re: Out of state visitation and who pays for flights
You can do whatever you want, the question is whether what you do is in violation of Court order. You failed to mention whether the order was temporary or permanent. If the order is permanent than you will need to show a significant change in circumstances before the Court will even consider what is in the Child's best interest. If the order is temporary than you could do an OSC based upon best interest. Whatever you do, do not violate Court orders!
Re: Out of state visitation and who pays for flights
If you refuse to send her you could be found in contempt of court or worse yet, the court could change custody to the Father. Unless something has changed since the court made its order you do not have grounds for a modification. Good Luck, Pat McCrary
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