Mom needs help

[gr1080]

I have custody of my 12 year old daughter after my ex took me to court for custody after I picked her up from Tampa and brought her to NY. The courts stated that I am resposibile for paying for all her travel expenses to and from see her father for every holiday as well as half of his travel expenses to see he up to 3x per year. I have recently been unemployed and he too is unemployed. do I have cause to ask court to modify visitation schedule based on my unemployment, his violation of his support order in NY so that I no longer foot the travel expenses by myself and the fact that my daughter wishes to spend alternate vacations with me and my family

 

[BayState]

I have custody of my 12 year old daughter after my ex took me to court for custody after I picked her up from Tampa and brought her to NY. The courts stated that I am resposibile for paying for all her travel expenses to and from see her father for every holiday as well as half of his travel expenses to see he up to 3x per year. I have recently been unemployed and he too is unemployed. do I have cause to ask court to modify visitation schedule based on my unemployment, his violation of his support order in NY so that I no longer foot the travel expenses by myself and the fact that my daughter wishes to spend alternate vacations with me and my family

If you're not able to meet you legal court order perhaps you should give custody to Dad.

No. You will not likely receive a "modification" of a CO based on your post.

 

[Duranie]

You moved...you have to pay for transportation. Dad should not suffer because of it. If he files contempt in FL you will probably face even more problems and you risk losing custody to Dad. The child does not get to decide not to visit.

 

[gr1080]

I never moved. I was always a resident of NY. childs flight came through Fl and he lives in Fl

 

[gr1080]

Dad is also unemployed

 

[lonelyinny]

none

Dad is also unemployed

doesnt matter. the cour order matters. you created the distance so you foot the bill. if you dont, you risk being the parent your daughter visits instead of lives with. and untill shes 18, she cannot legally refuse to see her father when its his time.

 

[Duranie]

The courts still say you pay for transportation. We really cannot make this right fo ryou except to tell you Dad can file contempt.

 

[irish223]

Your post is a little confusing. We can't tell if the orders for custody, visitation, transportation, and child support came out of Florida or New York. Nor is it clear whether your daughter always lived with you in New York, if her father also lived there at one time, or whatever? I think that's the reason for some of the responses you've gotten.

Regardless, you can ask for a modification if these aren't new orders. However, you might have a better chance if you're willing to compromise. Can you offer 6 weeks in the summer in lieu of every holiday or the 3x/year?

Not knowing the whole story, I also agree that the judge is unlikely to take away the little visitation that the father already has. If you can work something out with the father, it will be a lot easier to get it ordered.

 

[irish223]

you created the distance so you foot the bill.

Where do you see this? Did you read the post directly above yours? And the first post?

I admit it's unclear, but OP says she has always lived in New York, and implies that she has always had custody of the child.




ETA: Just one more clarification.... She NEVER said she planned to defy the court order. She NEVER said she wasn't going to send her daughter for the court ordered visits. She ASKED about a modification! I don't know where all this talk of losing custody and being in contempt is coming from.