Legal Question in Family Law in Mississippi

X-Spouse Moving with child

Our divorce was final in January of 2005 and in our degree it states that I am responsible for travel to and fro to get my child. At the time of our divorce my x lived only 45 miles away and this was not a problem, however, she is now moving 650 miles away for 1 year to attend a school and she is taking my son and advising me that I will have to travel there every other weekend to get him. We have had a very difficult divorce because of her and she refuses to cooperate. She says that I still have the responsiblilty to travel to pick him up no matter where she moves. Is this correct? And if not, what can I do? I also have a tape recording of her telling me that she will not cooperate with me, because I will not do some things that she has ask me to do, so another words this is my punishment for not abiding by her rules. Can I have it changed in our degree or will I be stuck with this arrangement and not be able to see my son but maybe once a month?


Asked on 7/07/07, 10:26 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: X-Spouse Moving with child

The decree can be modified by the court in such a situation to make the transportation arrangement more equitable. You can't stop her from moving but the court has the power to even stop the child's residence from being moved out of the state. However, it is generally sufficient for each party to bear his or her costs and burden of getting the child.

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Answered on 7/07/07, 11:06 am


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