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Access rights for my ex husband?
My ex husband left me and my son 5 years ago, since then we have decided to move back to where my family are for a better support network which is 160 miles away from where my husband lives. He is now trying to cut the costs of my maintenance (nothing formally agreed with this) as he has to travel. I have now decided that I think we need to make things official so if we were to take it to court would I have to meet him half way with regards to travel or would he need to pick his son up??
Have his permission?!! Seems strange as he was the one that left us! Anyway I did advise him prior to us moving away and he knew all the details.
3 Answers
- Anonymous10 years agoFavorite Answer
Firstly, you are supposed to have his permission to move any kind of substantial distance away.
His concerns are valid, you chose to move away so really it should be up to you to do the travel to ensure visitation.
If he has given you permission to move this far away with his son, and you decide to go to court, it will most likely be ordered that you both do 50/50 drop offs and pick ups.
If he hasn't given you permission, then he can argue against you in court, for a reduction in child support to cover costs, or ask that you do all drop offs and pick ups.
UPDATE:...Who left who is irrelevant.....The judge does not care about how your marriage broke up, he cares about whats fair for your child.
Since he knew how far you were moving it would be most likely ordered that he picks up, and you come and get him...or visa versa...that would be the fairest ruling.
Source(s): been there done that - Anonymous10 years ago
If you go to court , you will be made to do half of the drops offs, or possibly all of the travel because you are the one who moved.
If you dont have his permission in writing he can argue that he didnt want you to move and you can be ordered to move back so he can have reasonable visitation.
This happened to a lady I work with - she was made move back because her ex husband objected.
- Fran UK ManLv 710 years ago
He would need to visit you as you have custody, but you could make life easier by compromising a little.
