Travel Expenses after Temp Custody Award


#1

My daughter was awarded temporary custody of my 3 grandchildren (4 months agao) before her military husband was assigned to San Diego and they moved there. Since she had already had her youngest child diagnosed with a behavior problem, the judge wanted to make sure my daughter was going through with the treatment perscribed, and was aware of their upcoming move. The judge set a hearing for the permanent custody for this month to ensure the care was given and to check on the progress before making her final ruling. My question is, after the judge ordered for her to have temporary custody, her order also included that my daughter (who is a stay-at-home mom) to pay for the costs of all travel, once a month for 4 months. This has cost my daughter’s husband a fortune, and likewise is reducing the money that could be going to the children. And since they just incurred moving expenses when they had to move to California, they recently had to take out a loan in order not to break the judge’s order. I didn’t think a judge could order a third party (which I believe her current husband is) to pay for travel. My fear is that the judge will have a similar ruling on this month’s permanent custody hearing, and I don’t know how they can afford to keep paying for the travel. I spent 21 years in the Air Force, and I know they are not allowed to travel via military travel, because I checked. Any advice I can pass on to my daughter would be greatly appreciated.


#2

If your daughter is ordered to pay for travel and she does not, then his remedy will be contempt of the order. I cannot say if the judge will continue to impose this expense upon her, but she can ask the judge to consider the expense in light of her being a homemaker and to not charge her for it. The problem is that if the dad has had a good, involved relationship with the kids and mom’s moving to CA, a judge can order the mom to pay the travel expenses for their dad. Otherwise, the judge might order the kids to stay in NC with dad. Hopefully there will be a different arrangement after the permanent hearing, wherein mom will be responsible for a portion of the costs of the travel, for example, instead of the whole amount.