Legal Question in Family Law in Illinois
My ex-husband is refusing to drive half way to get our daughter for his visitations. He used to pick her up at my home until I moved and then he started to meet me half way. I moved again and live the same distance away but he refuses to split the difference. It does not have any specific details in our divorce/custody papers and I'm wondering who is responsible for transportation?
2 Answers from Attorneys
If your Divorce Judgment is silent as to who has the responsibility for picking up and dropping off you need to ask the court to modify the visitation provisions to correct the error. Your move from one location to another would probably satisfy the court that you have experienced a substantial change of circumstances that warrants a modification. If you have always split the responsibility in the past there is probably no good reason not to continue with that arrangement, especially if your new house is the same distance from his house as your old house.
You will need to go back to court to ask the court to clarify the judgment. You can ask the court to order the father to contribute to the driving.
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