Should both spouses be required to pay for the fares so that the children can see their father?

After a divorce, the father moved away because he had lost his job and found a better job in a different state. They have a P-P visitation settlement, currently the kids stay with the mother for the school year, and the dad would like them to come visit around Christmas. The problem is the wife is unwilling to help pay for airfare so that the kids can come see the dad.

Asked on November 28, 2012 under Family Law, Montana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This question is hard to give guidance on with out being able to read your parenting plan and agreement when you divorced.  I understand that the Father moved to be able to probably afford to support his children and comply with the order. I do not think that a Judge would further penalize him by forcing him to pay for the entire expense so it would be in the best interest of the Mother to give a little, given that she has the children most of the time as it is.  But again, that is not an easy call with out reading the agreement.  The Father needs to do so and move to modify given the circumstances. Good luck.

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