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Custodial parent has filed a Motion to Clarify Court Order.

Custodial parent wants court to...
Custodial parent has filed a Motion to Clarify Court Order. Custodial parent wants court to suspend her requirement to provide children's transportation back to custodial home. Mother lives in NE, father lives in LA. Father is required to provide transportation at beginning of visitation period. Mother wants father to provide transportation both ways. Father(NCP) is now representing self. Is there anything he could file in court to counter her motion?
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Answered in 2 minutes by:
7/1/2013
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Which of the parents moved away from the other, causing them to incur transportation expenses for visitation?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

Father moved to LA. Fathers employment is in LA, 14/14 schedule. He drove to & from every 2 weeks 6 years. Financially it has become too much to maintain so he now only exercises the summer visitation.

I see. Thank you for clarifying the situation for me.

Courts are typically more likely to impose the travel expense obligation on the parent who moved away from the children, so that argument will not aid the father since he is the one who moved unfortunately.

Given that he pays full child support and 70% of other expenses, he could respond that it is too expensive for him to pay for additional expenses for travel since his visitation has already be significantly limited because of the travel costs and the mother's failure to pay for her share of such costs.

In the alternative, the father could request that the court reduce his child support or percentage of additional expenses he is required to pay under the court's order to help offset the additional travel expenses should the court grant the mother's request.

These would typically represent the father's best arguments under these circumstances.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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Customer reply replied 4 years ago

I am not even sure how to address to court on this matter. Do i just show up to the hearing or do I need to file something in response to her request to the court?

Hello again,

You would typically file with the court a Response in Opposition to her motion in the same format as her motion.
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
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Tina
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Category: Family Law
Satisfied Customers: 33,167
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Experience: JD, 17 years legal experience including family law

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