Legal Question in Family Law in North Carolina
I have joint custody and a parenting agreement in place. My ex insists that I provide all the transportation when it comes to my visitation with my daughter. There is nothing in our agreement saying I have to provide all the transportation. I want to file a motion to modify our agreement but do not have an attorney representing me. In the meantime, can I tell my ex that it does not say anywhere in the agreement about transportation and suggest to her that I pick up my daughter but she will have to come pick her back up at the end of the visitation for the start of her custody time? Can I do that?
1 Answer from Attorneys
Why bother with the time and expense of the motion. If there is nothing in the Agreement then it would be assumed transportation would be 50/50 either in terms of splitting the cost to transport the child ie. by plane, bus, etc. or by meeting halfway or by one parent drops off the other picks up. So instead of suggesting, simply grow a set and tell your ex that's how it's gonna be and if your ex doesn't like it then either one or both of you could file a motion to modify. Personally I'd make her file - it puts the cost on her and shouldn't cost you anything to respond (unless your Agreement has some provision for that). So for example if you pick your daughter up, simply don't return your daughter and force your ex to do it. Just make 100% sure that the Agreement is in fact silent on the issue of transportation or you could get into trouble for violating the terms of your agreement.