After a divorce what happens if one parent refuses to do any driving?

Question

My ex wife has now moved twice since our divorce. For three years she lived about 35 miles away, now she lives about 70 miles away. Is there any way that she should be responsible for a portion of the driving, which she refuses to do?

Answer 1

It depends on the state you live in.  In Texas, anything over 100 miles, the parents have to meet halfway.

Answer 2

Go back to your lawyer and take your custody/child support decree.  In North Carolina, the custodial parent can move wherever she pleases and if it limits her ex-husband's access to his children, oh well.  She wanted to move, but HE is responsible for going to get them and taking them back.  Not very fair, is it.  I've watched a lot of friends live through that.  

But in some states, the courts stick to a much more equitable division of travel time and expenses.  And some states even allow the non-custodial parent to challenge a move and the courts can stop it.  (That happened to a friend of mine in another state.  He got a great job offer out of state, about 5 1/2 hours away from where his stepkid's dad lived, and the dad went to court and stopped my friend and his wife and her kids from leaving the state.  Even though the dad had not seen either kid since the divorce 3 years earlier and had never called or communicated with the kids in any way - by his own choice.)

You may be able to get her to do some of the driving or you may not.  Ask your lawyer for help.

Good luck.

Answer 3

Talk to your lawyer.  When my boyfriend's wife wanted to move to another State which was 2 hours away he agreed if she would agree to meet him half way when it was his turn to have their child.

It worked out fine. I would think you can have her do the same thing.  This isn't about you and her its about your child/children.  She should put them first when she decides to make a move.  She is very selfish.  

Answer 4

All you need to do is amend your parenting plan to include it. Since you're divorced, I'm sure you have one.