Out of state visitation


#1

Dear iamsly,

There aren’t any statutes that directly deal with who pays for transportation when the parties live in different states. Generally, a court will make that decision on a case-by-case basis. I would encourage your ex to pay for half of the transportation, but realistically, a judge may charge it all to you, since you chose to move. You may be able to get the travel expenses included in your child support order. You should check with an attorney in your area.

In terms of the medical expenses, if he is not complying with your court order, you can certainly pursue a contempt order. Additionally, you may want to keep in mind that he may also pursue similar action if your moving to another state has frustrated the visitation that was ordered. You should make sure that you are complying with the order until it has been modified by the court.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

My ex and I have an existing visitation order that was put into effect while we both lived in NC. The standard every other weekend situation. I have sinced moved. What are the state’s statues on visitation since I moved? Such as who should foot the bill for the trip home? How often do I need to make sure they get there? Am I responsible for getting them there? There are two kids that are not old enough to fly home by themselves so me flying home with them, dropping them off and coming back to get them equals $800 as opposed to the $200 it would take for him to come here. I know the state has standard visitation statues for when both parents live near by, I want to know what they are for out of state. My ex is behind in medical expenses and I want to know what I’m in for if I take him back to court. Thanks!
iamsly