visitation exchange

[beth_shaw]

would like some advice. the court order says my ex is to have visitation 2 days/week. the visitation hours are in the court order but my ex refuses to drop our child off at home. he says i will have to pick up our child or else he will stay the night and his wife will bring our child to school the following morning. i never agreed to pick our child up as its a half hour away and i dont want to spend the gas money. if i choose not to pick up my child will my ex be in contempt for not bringing him home at the CO time? what actions do i take if this occurs? also my ex pays 100/month in child support and our child is 8. i am not employed right now i am a student and just recently married. we have an upcoming date to determine child support as he just sued me for custody and visitation so he wouldnt have to pay child support. i agreed to the extra visitation (he also gets 3 weekends/month) but i do not want to have to pick up my child as in the past he has threatened me when i have come to his residence before to pick up our child

 

[jharris352]

In legal matters the only opinion that counts is that of the JUDGE. If he disagrees file a contempt and the Judge will explain it to him.

 

[Duranie]

Visitation is usually split but unless the order specifies who does the driving, usually it is the NCP. As a parent, you really do not get to stay unemployed. I would be looking for at least a part time job. You might get stuck doing the drop offs or the pickups on future orders.

 

[BayState]

would like some advice. the court order says my ex is to have visitation 2 days/week. the visitation hours are in the court order but my ex refuses to drop our child off at home. he says i will have to pick up our child or else he will stay the night and his wife will bring our child to school the following morning. i never agreed to pick our child up as its a half hour away and i dont want to spend the gas money. if i choose not to pick up my child will my ex be in contempt for not bringing him home at the CO time? what actions do i take if this occurs? also my ex pays 100/month in child support and our child is 8. i am not employed right now i am a student and just recently married. we have an upcoming date to determine child support as he just sued me for custody and visitation so he wouldnt have to pay child support. i agreed to the extra visitation (he also gets 3 weekends/month) but i do not want to have to pick up my child as in the past he has threatened me when i have come to his residence before to pick up our child

What does your CO state regarding the PU/DO? Who created the distance?

 

[beth_shaw]

there is no specification in the CO on who will PU/DO on the NEW visitation days. However, he is transporting our child 30 mins away to his home and then refusing to bring him back at the CO time. I have no choice but to pick up my child. I don't know if I should take this back to the judge or not. During the hearing he implied that he would stay local with our child on the new weeknight visitation.

 

[mightymoose]

Usually the order will either specify which parent will pick up/drop off, or it will specify an exchange location.
Your ex does not want to make the return trip likely for the same reason that you don't want to go pick them up... it gets expensive.

Do one of two things. Either return to court to seek a modification to determine who does what, or find a mutually agreed upon location half way where you will do the exchange... and do so in writing.

Since you have an upcoming court date anyway, you may as well raise the issue at that time.