Reply to Noncustodial Parent Relocation

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Reply to "Noncustodial Parent Relocation - Who Handles Transport?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I think you should make him agree to do all the driving [/quote]

OP here: and if my ex refuses?

What are the odds a court will make us split/share driving?[/quote]

I think that's really hard to predict. Might be worth a consult with an attorney just to strategize. What you want here is for your ex to have to go back to court and bear the burden of demonstrating why you and the kids should have to make adjustments to accommodate his decision to move based on his lifestyle preference/relationship. Ideally, you should be open to some compromise, but if that's going to put you in a position where you appear to be flaunting the custody agreement, you don't want that. Meaning, if you agree to meet him halfway and the kids refuse to go, will he or can he use that against you? I think an attorney can help you sort it out - there's definitely an argument to be made that you refuse to drive them, put in writing that the kids are unhappy with the new distance and that it will interfere with x, y, z activity, as well as make it logistically very difficult to complete school projects/homework if something gets left behind, and on that basis, you object.

If he had to move for his job that would be totally different. Or if the kids were much younger. As it is right now, he could stick it out for 4 years until the youngest is 18.

Personally, if I'm the judge, I'm going to tell dad that a) he's violating the 50 mile rule already in place in the agreement, and b) if he chooses to move forward then mom is under no obligation to provide transportation. But that's my opinion, which is worth the ones and zeroes it's written in.[/quote]

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