I have three kids...two are from a previous marriage. My exhusband currently gets every thursday and every other sunday. My exhusband does not keep current on child support (530 for 2 kids per month) and he is over 6K behind on payments, does not pay for any medical, and usually never picks them up on thursdays (possibly due to work). My exhusband does not have a house, bed for the kids, and he has never had them overnight. I am moving form Colorado to Houston, TX with my husband and father of my youngest child. What are acceptable terms for visitation time and cost?
State/Country relating to question: Colorado
First, do you have permission from the court to relocate? If not, you might not be able to go.
no, we have no such agreement that limits me to stay in colorado. however i am requested to give him 90 days notice of any move, which he is already notified, well in advance.
OK, I wasn't sure what your status was. If there was a court order OR if you had given him notice of the move.
Since you did give him notice - then he has 90 days to oppose and file with the court. If he doesn't - then it's to late.
OK then, back to your original questions.
I have three kids...two are from a previous marriage. My exhusband currently gets every Thursday and every other Sunday. My exhusband does not keep current on child support (530 for 2 kids per month) and he is over 6K behind on payments, does not pay for any medical, and usually never picks them up on Thursdays (possibly due to work). My exhusband does not have a house, bed for the kids, and he has never had them overnight. I am moving form Colorado to Houston, TX with my husband and father of my youngest child. What are acceptable terms for visitation time and cost?
First, although it's painful for you - the reality is - the payment or nonpayment of child support really has nothing to do with custody/visitation - the two are completely separate issues.
Second, usually the relocating parent pays the additional transportation costs for the non-relocating parent to have custody/visitation. The rational for this is - they are the ones that have relocated and the other parent would not be incurring the expense if they didn't relocate.
Third, as to him NOT having a house or facilities for them to sleep and stay over. This is a huge problem for him. Just where are they to sleep?
Are these children of the same sex - what sex are they? What are their ages?
they are the same sex, both male. the oldest is 9 and the other is 6.5.
OK, it would present even more problems if there were a boy and girl involved.
You could make argument that he should travel always to TX until he has a place of his own that can accommodate the children staying there. That you can reasonably deny him custody because he doesn't have adequate living arrangements. It's one thing to go camping once in awhile - another entirely not to have bedroom facilities, bathrooms, etc.
What is the norm here - a court wouldn't make you give him the children unless he could prove he had adequate accommodations.
Then I would only let him come to TX and have visitation with them. Then too, only for a short duration.
However, here is an example of a custody schedule considering the ages of the children:
3. Extended Parenting Time (Child 5 and older)
One-half of the summer vacation. The time may be either consecutive or split into two (2) segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection.
If a child attends year-round school, the periodic breaks should be divided equally between the parents.
If a child attends summer school, the parent exercising parenting time shall be responsible for the child's transportation to and attendance at school.
During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above, unless impracticable because of distance created by out of town vacations.
Similarly, during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent's regular parenting time continues, unless impracticable because of distance created by out of town vacations.
Notice of an employer's restrictions on the vacation time of either parent shall be delivered to the other parent as soon as that information is available. In scheduling parenting time the employer imposed restrictions on either parent's time shall be considered by the parents in arranging their time with their child.
1. Regular Parenting Time. Regular parenting time by the noncustodial parent on alternating weekends, during holidays, and for an extended time during the summer months shall apply to the adolescent and teenager.
1 Conflicts Between Regular and Holiday Weekends.
The Holiday Parenting Time Schedule shall take precedence over regularly scheduled and extended parenting time. Extended parenting time takes precedence over regular parenting time
If the non-custodial parent misses a regular weekend because it is the custodial parent's holiday, the regular alternating parenting time schedule will resume following the holiday. If the non-custodial parent receives two consecutive weekends because of a holiday, the regular alternating parenting time schedule will resume the following weekend with the custodial parent.
2. Holiday Schedule. The following parenting times are applicable in all situations as "scheduled holidays" with the limitations applied as indicated for children under the age of three (3) years.
A. Special Days.
 Mother's Day. With the child's mother from Friday at 6:00 P.M. until Sunday at 6:00 P.M.
 Father's Day. With the child's father from Friday at 6:00 P.M. until Sunday at 6:00 P.M.
 Child's Birthday. In even numbered years the non-custodial parent shall have all of the children on each child's birthday from 9:00 A.M. until 9:00 P.M. However, if the birthday falls on a school day, then from 5:00 P.M. until 8:00 P.M.
In odd numbered years the non-custodial parent shall have all of the children on each child's birthday on the day before the child's birthday from 9:00 A.M. until 9:00 P.M., however, if such day falls on a school day, then from 5:00 P.M. until 8:00 P.M.
 Parent's Birthday. From 9:00 A.M. until 9:00 P.M. with that parent, however, if the parent's birthday falls on a school day, then from 5:00 P.M. until 8:00 P.M.
B. Christmas Vacation.
One-half of the period which will begin at 8:00 P.M. on the evening the child is released from school and continues to December 30 at 7:00 P.M. If the parents cannot agree on the division of this period, the custodial parent shall have the first half in even-numbered years. In those years when Christmas does not fall in a parent's week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day. The winter vacation period shall apply to pre-school children and shall be determined by the vacation period of the public grade school in the custodial parent's school district.
In years ending with an even number, the non-custodial parent shall exercise the following parenting time:
 New Year's Eve and New Year's Day. (The date of the new year will determine odd or even year). From December 30th at 7:00 P.M. to 7:00 P.M. of the evening before school resumes.
 Memorial Day. From Friday at 6:00 P.M. until Monday at 7:00 P.M.
 Labor Day. From Friday at 6:00 P.M. until Monday at 7:00 P.M.
 Thanksgiving. From 6:00 P.M. on Wednesday until 7:00 P.M. on Sunday.
In years ending with an odd number, the non-custodial parent shall exercise the following parenting time:
 Spring Break. From Friday at 6:00 P.M. through Sunday of the following weekend at 7:00 P.M.
 Easter. From Friday at 6:00 P.M. until Sunday at 7:00 P.M.
 Fourth of July. From 6:00 P.M. on July 3rd until 10:00 A.M. on July 5th.
 Halloween. On Halloween evening from 6:00 P.M. until 9:00 P.M. or at such time as coincides with the scheduled time for trick or treating in the community where the non-custodial parent resides.
3. Religious Holidays. Religious based holidays shall be considered by the parties and added to the foregoing holiday schedule when appropriate. The addition of such holidays shall not affect the Christmas vacation parenting time, however, they may affect the Christmas day and Easter parenting time
20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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