Visitation question

[sammie23]

My first time posting, we were divorced in Va, we are both military families, we move around alot, he still lives in Va and I live in Ga now. We have an open visitation basically I get the kids for summer break, 1 week in Christmas break and alternate Spring Break, however now I am only being "told" when and what dates are convient to them and due to distance it is really hard to drive, he will not let her "fly", he will not meet me half way in the drive either. I am being told for this Christmas I can only have her for 4 days and in order to see her I have to go up there and get her which is a 12 hour drive one way. Is there any obligation on his part to make it convient to everyone and not just him? Thank you for taking the time to help me out.

 

[Duranie]

Does your decree specifically say who is to provide transportation?

The problem with open and liberal visitation is unless it is very specific on what days you get the child, he does not have to agree. I am afraid you are going to have to probably take him back to court to get transportation and specific holiday days worked out. Do you have access to JAG?

Also I assume he is the custodial parent? Generally the NCP provides all transportation unless it is the CP that moves. What state were you divorced out of? That state probably still has jurisdiction. If you are both military and you both move, then it seems fair that you both should share transp. but unless the decree specifically states who is th provide it, then you might have a conflict.

I would see about getting an attorney, or JAG to help you and perhaps make a change to the decree making things more specific.

 

[sammie23]

Columbus, Ga

I am not active duty my now husband is...Jag will not help...or can not help I should say...I do not mind providing the transportation by plane his new wife will not take her to the airport...should I get an attorney in Va or can I get one here in Ga since this is where I live? Thank you

 

[seniorjudge]

I am not active duty my now husband is...Jag will not help...or can not help I should say...I do not mind providing the transportation by plane his new wife will not take her to the airport...should I get an attorney in Va or can I get one here in Ga since this is where I live? Thank you

Please answer the question:

What does the judgment in the lawsuit say (if anything) about who is to provide transportation?

 

[Duranie]

What state is the decree out of? That state probably has jurisdiction so you probably need an attorney there, but most family law attorneys give a free consultation, some of them might even talk to you over the phone for a few minutes. They can best tell you what to do.