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BeckyH
BeckyH, Paralegal
Category: Family Law
Satisfied Customers: 37
Experience:  18 years' family law experience. [This post should not be construed as legal advice.]
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My ex wife and I divorced in Jan 2007, she left in March ...

Customer Question

My ex wife and I divorced in Jan 2007, she left in March 2006 and relocated to New Jersey. I still live in Philadelphia. My question is, Is she responsible for dropping and picking the kids up when it''s time for my visitation weekends which is twice a month? I ask this because I don''t drive (never have) and it''s becoming difficult to find a ride to Jersey every 2 weeks. Should I have suffer not seeing the kids because she moved to another state?
Submitted: 8 years ago.
Category: Family Law
Expert:  BeckyH replied 8 years ago.

I have a few questions. You say she moved in March 2006 and you divorced in January 2007. Is there a typo or did she move before your divorce was final?

Also, is there anything in your decree that keeps her from moving, such as a domicile restriction?

Customer: replied 8 years ago.
Reply to BeckyH's Post: She Moved out before we divorced. When she moved out of our home in Philly she moved to a new one in New Jersey. There is no domicile restriction in our decree.
Expert:  BeckyH replied 8 years ago.
The problem that you will have is that there has not been a change in circumstances since she was already living in another state when your divorce was final. That would have been the time to request a domicile restriction and/or request that she either return to your residence or pay travel expenses. You can request a modification of the possession order based on the costs of the travel expenses, but the court may not find in your favor.