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  1. #1
    Join Date
    Jun 2019
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    7

    Default Who Pays Court Cost of Modification of Custody

    My question involves a child custody case from the State of: Iowa

    I have joint custody of my child with myself being primary physical care. My ex wife (non custodial parent) moved 17 hours away from our child. She does not follow our agreement which states she will have our child every other weekend and rotating holidays, however whenever it works for her she states that I must follow what our custody agreement states which includes one parent picks up and the other drops off. Being that our agreement was made while she lived 10 miles away do I need to modify our agreement to state that she must provide transportation to and from her location several states away? And if so due to their being cost involved in changing our agreement does she have to pay my cost of having the order changed?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,268

    Default Re: Who Pays Court Cost of Modification of Custody

    Quote Quoting Blawrence5
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    My question involves a child custody case from the State of: Iowa

    I have joint custody of my child with myself being primary physical care. My ex wife (non custodial parent) moved 17 hours away from our child. She does not follow our agreement which states she will have our child every other weekend and rotating holidays, however whenever it works for her she states that I must follow what our custody agreement states which includes one parent picks up and the other drops off. Being that our agreement was made while she lived 10 miles away do I need to modify our agreement to state that she must provide transportation to and from her location several states away? And if so due to their being cost involved in changing our agreement does she have to pay my cost of having the order changed?
    Of course she is not exercising her weekends, she lives 17 hours away. It would be virtually impossible for her to do so. Yes, you need to take her back to court to modify visitation to a long distance plan. A long distance plan most commonly includes the bulk of the summer, and rotating major school breaks. You should ask that she be required to provide the transportation since she created the distance. There is a better than decent chance that the judge will order that but its not absolutely guaranteed. However, don't start off with "she is not exercising her every other weekend and rotating holidays", because its obviously that she cannot do so from 17 hours way and it will make you look odd in court.

  3. #3
    Join Date
    Jun 2019
    Posts
    7

    Default Re: Who Pays Court Cost of Modification of Custody

    Thank you for the response. Is there a way that she would have to pay for the modification since she caused the need for our agreement to be altered?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,021

    Default Re: Who Pays Court Cost of Modification of Custody

    Quote Quoting Blawrence5
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    Thank you for the response. Is there a way that she would have to pay for the modification since she caused the need for our agreement to be altered?
    No way to predict.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,765

    Default Re: Who Pays Court Cost of Modification of Custody

    I agree with LL about the costs of the actual custodial arrangements being negotiable (and likely assigned to the other party), but if you think you're going to reclaim money you've paid to your attorney, you're going to be disappointed.

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