Legal Question in Family Law in Mississippi
respnsible for transportation expenses for vistitation
my husbands ex wife has custody of there son. when the the divorce was filed and singed she was living in the sane area as he was and he said he would be responible for the transportation and the expenses. she moved about 5 hours away around 7 months after the divorce was final. she has been us half way for about 4 years and now she is not wanting to do so. what can we do. we never done anything in the past because she was meeting us. can she make him pay her for the traveling that she done.
2 Answers from Attorneys
Re: respnsible for transportation expenses for vistitation
There is no boilerplate formula for visitation arrangements, but the arrangements should be reasonable. Generally, travel expenses are shared or, if one party pays all travel expenses, the other party makes up for it in some way. I would have an attorney review the custody and visitation papers to see if petitioning the court for a modification may be appropriate. If you can show a "material change in circumstances" (i.e., the mom moving so far away, plus her not being cooperative), such a petition will be heard by the court and you can rearrange things in a more favorable fashion. Good luck.
Re: respnsible for transportation expenses for vistitation
You may want to think about asking the court to give you custody. If she starts refusing to meet half way, you may want to also consider taking her in front of the judge and having the judge determine what's fair.