Is a Long-Distance Visitation Order Binding if the Parent Moves Back
After a divorce, a non-custodial father moved out of state and was awarded long-distance visitation on major holidays. He has since moved back into the state and, although the long-distance order has not been changed, he has started to show up for visitation consistent with the prior order. The mother has been going along with the visitation, but wants to know if she is required to do so.
Re: Is a Long-Distance Visitation Order Binding if the Parent Moves Back
Technically speaking, she is able to insist on their following the out-of-state order -- but she's better off negotiating a new schedule. When the matter goes back to court, she can expect that the court will change the order consistent with the new situation, and that she'll have to go through a process that involves her having to attend court hearings and (if she uses a lawyer) pay attorney fees.