ExpertLaw.com Forums

Made Responsible for 100% of Travel Costs if I Move

Printable View

  • 09-17-2010, 09:31 PM
    nnn
    Made Responsible for 100% of Travel Costs if I Move
    My question involves a child custody case from the State of: Texas

    I am married to a man in the Army, my husband was recently stationed up north. My ex husband is trying every way possible to stop me. When we went to court he blindsided me with neglect and the judge order a cps investigation and an ad litem for our child. Cps cleared me, and the ad litem requested we have a social study done by someone, so we did. The person who conducted the social study shares and building with my ex's lawyer, and at our last hearing they even rode together in the same car to court, my attorney advised me that not to worry until her report come before we call conflict of intrest, well, we got the report and it says that I can move, and my child stays living with me however she put in her report that she recomened that I assume 100 percent of all travel cost...one weekend a month, my child is under 3 and so someone would need to fly with him so that can be easly 1000 dollars a month. I feel that after EVERYTHING they have tried they had no legal reason to restrict my residents or remove primary residence of our child so now they are trying to stop me becuase that is something that we simply can't afford to do. My ex has been working out of state for several months and he didn't pay one cent to come back monthly to visit our child, he simply just didn't see him. In this report it stated that because I chose to marry a man in the military 100 percent of travel should be at my expense, I've held a steady job and I give and give for my child but just because I chose to marry someone in the miltary, I should have to do this? It doesn't seem fair, its more like setting me up to fail. Can they do this?
  • 09-17-2010, 09:36 PM
    Dogmatique
    Re: Help, I Miss My Husband
    Yes they absolutely can do that.

    You are creating the distance, so you will generally be expected to bear 100% of the cost of transporting kiddo to and from Dad's place.
  • 09-17-2010, 09:43 PM
    nnn
    Re: Help, I Miss My Husband
    It wasn't my choice to create this distance, my husband is in the Army, the Army made this choice for us. I pay for everything already...if he won't pay to come see him once a month when its his fault he is gone why should I have to. I'm still living in the same town and I can count on one hand the amount of times he has excersised his visits since March. So instead I should just lived seprately from my husband who could be deployed again and possible die for his country...and the only time that he had to spend with his family he couldn't because my ex won't split the cost of travel....seriously.
  • 09-17-2010, 09:55 PM
    LawResearcherMissy
    Re: Help, I Miss My Husband
    Quote:

    It wasn't my choice to create this distance, my husband is in the Army, the Army made this choice for us.
    No, you chose to marry a soldier. Thus, you chose to create distance between your child and his father.

    Your complaint will fall on deaf ears.

    Quote:

    So instead I should just lived seprately from my husband who could be deployed again and possible die for his country
    If you cut down on the drama a little, it's possible that the judge will be very gentle when he tells you that your husband knew what he was signing up for, and so did you. But you can be assured that such will be the answer, gentle or otherwise.
  • 09-19-2010, 06:19 PM
    Xena
    Re: Help, I Miss My Husband
    Quote:

    Quoting nnn
    View Post
    It wasn't my choice to create this distance, my husband is in the Army, the Army made this choice for us. I pay for everything already...if he won't pay to come see him once a month when its his fault he is gone why should I have to. I'm still living in the same town and I can count on one hand the amount of times he has excersised his visits since March. So instead I should just lived seprately from my husband who could be deployed again and possible die for his country...and the only time that he had to spend with his family he couldn't because my ex won't split the cost of travel....seriously.


    Child custody and visitation is legally based on what is best for the child.
    It is NOT about what you, your husband, or even your ex wants, it is only about your child.
    The laws are written with the idea that it is always in a child's best interests to have BOTH parents in thier life on a regular basis.
    Very often a CP does not win in court when they want to relocate a child away from the other parent. You were very fortunate that the court is allowing you to do so. Expecting to have to cover 100% of the visitation transportation costs is simply the cost for being allowed to move your child away from the other parent.
    Look at it this way, your ex, and your child for that matter, are already paying a non financial cost of your moving- they will no longer be able to see each other as often. Do you really think it is fair that on top of losing precious time together, that your ex would have to pay any financial costs?
  • 09-19-2010, 08:22 PM
    TheJKH1999
    Re: Help, I Miss My Husband
    you have another option, give up custody. Then you wont be responsible for travel cost unless you want to see your child. I bet if it was that way you would either think of other options or pay for travel!!
All times are GMT -7. The time now is 12:35 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved