If you share transportation of the children equally, what happens if 1 of the parents moves over 1000 miles away?

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If you share transportation of the children equally, what happens if 1 of the parents moves over 1000 miles away?

I divorced 3 years ago. The decree states that we share transportation of the children equally. Since the time of the decree he has moved 1000 miles away and is trying to force me to drive half way or pay him too. I still live in the same city as we did when we were married.

Asked on June 5, 2011 under Family Law, Colorado

Answers:

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

Answered 10 years ago | Contributor

Oh my goodness.  Either you missed something in the divorce papers or your attorney did.  Generally divorce agreements indicate that the parties can not move more than a certain distance after divorce.  How far really depends on where you live and the circumstances of the parties but generally speaking within a 100 mile radius is what is put in the papers.   His moving away has created a change in circumstances that will, I believe, allow you to ask the court to modify your agreement to share transportation and may even allow you to modify the custody and visitation schedule.  Please go and seek legal help here as soon as you can.  You can not intentionally violate the agreement or order of the court or you could be held in contempt so you need to file a motion for modification asap.  Good luck.


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