Results 1 to 6 of 6
  1. #1
    Join Date
    Aug 2010
    Posts
    11

    Default Who Pays Transportation Costs for Visitation

    Hi. I've posted before in the child support area. http://www.expertlaw.com/forums/showthread.php?t=106458

    This is, I guess, a continuation of that scenario. Due to the NCP and I not agreeing about the child support arrears, he's stated that he's going to take me to court for custody. I don't think he stands a big chance to take custody from me so that isn't my question. My question is about visitation. I have absolutely no objections to him visiting our son. In fact, I moved from Louisiana to Georgia (at the NCP's request) to be closer to where he's stationed in North Carolina. I gave it several months of consideration and went ahead with the move. This wasn't the only reason I moved, but it weighed heavily upon my decision. I didn't move all the way to NC because I'd have no support system there and I have a couple of family members here in GA, so I thought it would be a good compromise. Actually, he didn't ask me to move to NC. He says that he's planning to settle down in GA in a couple of years when his military service is over.

    My question is this, if in fact we are to go to court and he's awarded visitation, will I be responsible for part of his travel costs? Seeing as though I've already moved several hundred miles away to be closer to where he is, it seems as though my part of trying to foster a better relationship with he and our son should be fullfilled.

    Additionally, is there some way for it to be written into the visitation order that he doesn't follow the schedule, he can be penalized? I do not want to stop the visitation at all. I just want to there to be a consequence for him to fear if he doesn't adhere to the schedule. The reason I'm asking is because this is the first time in my child's life we've been close enough to see him with some type of regularity and not use distance as an excuse. He's only seen our son about 10 times (give or take a few) in his life. In the past he's promised to come see him and wouldn't show up and offered some excuse later on. Even since we've moved to GA, he's still missed visits he's promised to him. I know this whole custody thing is just out of spite for the child support case, but I think it'd be a good idea to hammer out planned time for him to see our son.

    I'm not trying to paint a picture of him being a horrible father and I'm a perfect, cookie cutter mom. I just don't feel like he makes our son his top priority, he's more like an option for him. That is both sad and frustrating to me and disappointing to my son.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: An Unusual Visitation Case

    The answer to the first question is yes, you could be ordered to pay part of the costs transporting kiddo to and from Dad.

    Or, Dad could be ordered to be responsible for the entire thing. It could honestly go either way, though I suspect given your circumstances that Dad will be bearing the majority - if not all - of the costs.

    As for Dad being penalized for not following a visitation schedule...what exactly do you want to happen?

    (The court is not going to make an order that says, for example, "If you don't turn up for two weeks you then forfeit the next two weeks")

  3. #3
    Join Date
    Aug 2010
    Posts
    11

    Default Re: An Unusual Visitation Case

    Quote Quoting Dogmatique
    View Post
    The answer to the first question is yes, you could be ordered to pay part of the costs transporting kiddo to and from Dad.

    Or, Dad could be ordered to be responsible for the entire thing. It could honestly go either way, though I suspect given your circumstances that Dad will be bearing the majority - if not all - of the costs.

    As for Dad being penalized for not following a visitation schedule...what exactly do you want to happen?

    (The court is not going to make an order that says, for example, "If you don't turn up for two weeks you then forfeit the next two weeks")
    I'm really not sure. I'm not familiar with visitation cases. Is it considered violating a court order if he doesn't show up? If he doesn't show up a certain amount of times, can I bring him to court and have him reprimanded by the judge? I just want there to be some sort of regularity. I don't want him to see him this month, then skip a couple of months and come back. My son is at the age now that he's asking me questions about why he doesn't see his dad as often as other kids. That had a lot to do with my decision to move. I just don't wanna set him up for heartbreak.

  4. #4
    Join Date
    Aug 2010
    Posts
    11

    Default Re: An Unusual Visitation Case

    No one answered this question and I'd still like to know: Is it considered violating a court order if he doesn't show up for his visits?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: An Unusual Visitation Case

    If he's not showing up for visits, you may want to ask the court to revise the visitation order to be consistent with his actual appearances, or to declare a point in time where the visit will be deemed canceled if he has not appeared (e.g., 45 minutes after the scheduled pickup time). A court may lecture a parent on visitation and the effect of missing vists on a child, but the court's not going to hold him in contempt or sanction him.

  6. #6
    Join Date
    Aug 2010
    Posts
    11

    Default Re: An Unusual Visitation Case

    Ok, thanks a lot.

    1. Sponsored Links
       

Similar Threads

  1. What Can I Do About More Visitation and Transportation
    By mrakes in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 06-06-2011, 06:59 PM
  2. Transportation Costs and Responsibility
    By Moony in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 09-30-2010, 09:32 PM
  3. Father Refusing Visitation and Transportation
    By jetsundolma in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 05-20-2010, 05:43 PM
  4. Probation and Parole: Transportation Costs
    By dbpoet in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 08-02-2009, 09:02 AM
  5. Workers Comp and Transportation Costs
    By Puu in forum Worker's Compensation
    Replies: 3
    Last Post: 07-21-2009, 07:02 PM
 
 
Sponsored Links

Legal Help, Information and Resources