Who is responsible for visitation if out of state move occurs after order

My Ex husband moved this year after being divorced for 7 years. Our custody papers state that I am to meet him in our town at Mcdonalds every other weekend. Now that he is 5 hours away in another state he feels that I should have to drive half way every other weekend to meet him. I cannot afford to do this with time or money especially since he is already 2 months behind in child support. What would my legal obligation be? If he took this back to court what would my chances be of not having to do the driving since I never left the town we lived in married?

Unless otherwise specified in your custody order, the order remains valid even if your ex-husband moves out of state. That means both of you must continue to follow the current order unless it is modified by a judge later. According to your court order then you are only required to meet at the McDonald’s in your town.

A judge could make you drive and meet him halfway if he tried to modify the court order. However, in order to modify the court order, your ex-husband must first prove that there has been a substantial change in circumstances affecting the wellbeing of the child. Relocation, by itself, is not enough for there to be a substantial change in circumstances.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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