Out of State Visitation - Anything standard


#1

Do North Carolina judges do anything standard for out of state visitation? Father lives 2 hours away in Columbia, SC. Child is 18 months old. Current temporary visitation is Sat 10-Sun 6pm every other weekend, transporatation 50/50, has been in place since Nov 08. I commute one hour in the opposite direction so I was not forced to drop off Friday, but now ex wants Fridays and is going back to court. Also asking for one week in the summer.
I was wondering if anyone might have a similar situation or has seen what judges might do in cases where the father lives away, out of state and child is still very young.


#2

This is my order:

Ever since my son was 2 yr olds. I tried to fight it because he was so young.

Since my ex was the one who left NC, he has to come get our son. He lives in IL. Order states 4 weeks during the summer (standard) every other Christmas Holiday, and Spring break. My son travels over 16 hours in a 24 hour period.

The judge may grant what your ex requests. Your ex may have to show that there is a plan set for daycare, etc where he lives. I know it breaks your heart to see your baby go, but as the child gets older, your ex will get more time. If you were nursing your child it would have been easier on your part.

I will let Erin or another attorney really answer this question. I’m just stating my story. Your very lucky your ex is only two hours away and only wants to get your child for 1 week during the summer. Standard is 4 weeks or more.

My son is now 4 yrs old and it has seemed to have worked out good this way. Minus a few attitudes but other than that, my son is well adjusted.


#3

While the statutes do not provide any example custodial schedules, the “standard” visitation for non-custodial parents is usually though of as every other weekend fro m Friday evening to Sunday evening and two weeks in the summer, with split holidays.
In order to go back to court your ex will have to prove that there has been a substantial change in circumstances affecting your child’s welfare. He cannot take the case back to court just because he is ready to have more time with the child.


#4

Erin,
You believe this would be standard even though he lives in Columbia, SC, 2 hours from my home and I commute an hour in the opposite direction?

Our order is temporary from November 2008 and we never went back to court. Do judges normally make big changes from temporary orders to permanent?


#5

Every case is different, and judges do consider all factors, but since your ex already has time every other weekend, I do not see how the distance would necessarily affect the time he has. If you are already traveling every other weekend, the drive time would be the same, it would just occur a day earlier.
If the order is temporary your ex will not have to allege a change in circumstances and can set the matter for trial. The judge will accept evidence of how the visitation has been going, and may extend the weekend time if he or she finds that it would be in the best interests of the child to do so.


#6

The judge did not enforce Friday-Sunday visits before because I work an hour in the opposite direction.
I would be traveling an hour or more depending on traffic to my hometown on Friday and then having to get my son and then driving another hour to the halfway point and then another hour back home. Is this not excessive? Do I have a leg to stand on?

Also, I see no point in having an 18 month old travel for two hours just to arrive at the destination to go to bed. The current travel time coincides with his naps.


#7

You will need to present your case to the judge and explain your reasons for wanting to keep visitation as ordered. I wish you the best.