Legal Question in Family Law in Idaho
How far should a child travel for every other weekend visits?
My ex-husband is moving. Right now we live 150 miles a part. After his move we will be 225 miles apart. He wants to continue with every other weekend visits but I think it is to far for our kindergartener to travel. Already he complains after 1 hour in the car. This will put him traveling 450 miles round trip every other weekend. It also takes over 4 hours one way to get to his dad's house from our house. Do I have a valid point? My ex doesn't think it is to far, but on Sunday night we don't even get home until 10:00 and he has school and is worn out from the trip. Is it normal for a.5 year old to travel 450 miles round trip for every other weekend visitation or should it be modified to 1 weekend a month or something like that?
3 Answers from Attorneys
How far should a child travel for every other weekend visits?
While I'm not licensed in your state, the safe and simple answer, which will apply for just about any case, is that it all depends. It depends on the specific facts and what the individual judge thinks.MOST judges would agree with you that the visitation schedule should be changed.... but be prepared for a change that would mean much longer periods of visitation during the summer.... perhaps even virtually the entire summer, with an elimination of the regular weekend visitation.Also, your post indicates that YOU are doing much of the driving (you say "we get back"), and that is something most courts would not require, particularly when the non-custodial is the one who moved. I would suggest ending that. With you picking the child up at the exchange time, you are not only incurring significant expense and inconvenience but also effectively giving your ex hours more real visitation time (since time on the drive is a long way from "quality time").
Travel distance for child
In my state (N.C.) I'm not sure that you could find any set rule for how far a child must travel; it would be in the discretion of the judge. So you may have to get back in front of a judge and let him/her decide if it's too far. Maybe it's time to make a change in the visitation schedule.
Long distance visitation
Visitation is controlled by orders of the court or agreement of theparties. While I agree with you that long car rides for visitation are notgood for children, I am not the judge. If you and your ex do not agree,then you must resort to court. You should examine the court orders. Didthe Court put restrictions on moving? If your ex moves out of state,there may be a prohibition by the court. In the absence of a court orderprohibiting your ex from moving, your choices are very limited.