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Can my ex-wife do a temporary modification of visitation?

My ex-wife bought a clunker and the transmission went out on it yesterday. She lives about 250 miles away with my two kids and we, unfortunately, have to meet halfway for drop off. She wants to make it so that until she is able to pay off the car repairs I would drive there, get a hotel, and pay whatever other expenses incurred. I know I don't have the funds and seems insane that I don't get to temporarily delete my support obligations, but she can ask to stop our agreed divorce parenting plan.

Can she do this without my consent? She has family there that either let her borrow a car or help her rent one, but she has always been the type to find any reason to think I'll do 100% of the driving and incurred costs at her whim.

Now her defense. I was downsized in July and have struggled to pay support. I don't have the funds or a new car to make this journey. So the kids suffer. Plus the holidays are coming up and this year is suppose to be at my home.

Thanks!

4 Answers

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  • lola
    Lv 6
    1 decade ago
    Favorite Answer

    No, she can't change the custody order without your consent, or the consent of the court. If the agreement is that she drop the children off at a specific location, she still has to show up with the kids. Exceptions are made for emergencies, but a car breaking down isn't an emergency, especially if she has the time, and means, to find alternative transportation.

    Perhaps you should drive out to pick the kids up, with the agreement that she'll come out to pick them up to bring them back to her place at the end of visitation. That should give her time to repair the car, or borrow one.

  • 1 decade ago

    No from my understanding she has to hold her end of the deal. If she struggling so much Why don't you take the kids.

  • 1 decade ago

    if it is a court order or a notarized agreement between you and her then she can't change it and if she doesn't follow the agreement then you can hold her in breach of contract

  • ?
    Lv 7
    1 decade ago

    Yes if she gets a good lawyer.

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