Legal Question in Family Law in Idaho
My ex-husband moved 75 miles further away, now what?
My ex-husband moved 75 miles further away. Now we live 225 miles apart. We were living just 150 miles apart and we have our meeting places listed in our modification. Also we have been meeting every other weekend. I feel that we need to modify visitation frequencies but my ex doesn't.
Friday was the first time I had to meet him 125 miles from my house. Then I had to turn around and go back 125 miles. My son has to ride to full trip of 225 miles to turn around 44 hours later to go 225 miles back home. Sunday I left my house at 4:30p.m. and didn't get home from picking him up until 9:30p.m. We were exhausted.
I cannot afford to go to court over this and my ex will not comprimise and says I will be in comtempt of court if I do not meet him half way every other weekend. Will I be in contempt of court where he has now moved further away and circumstances are different? Do I have the right to use my own judgement for the safety of my son as someone could easily fall asleep at the wheel or get into an accident in the snow of rain. Not to mention it costs me $80.00 a month to transport my son half way. I do have primary physical custody.
Do I stand my ground and just let him take me back to court? Would it be better for me to take him to court first?
1 Answer from Attorneys
My ex-husband moved 75 miles further away, now what?
Does the Order require you to do any of the driving to set up the visitation?If not, don't.Let him do it all and then OFFER to modify, or rigidly hold him to the visitation schedule.But can you on your own decide to modify the schedule because you think someone might fall asleep while driving.... not unless you want to answer a contempt petition.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
