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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30337
Experience:  Attorney with experience in family law.
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When the non custodial parent moves out of the 100 miles 2

Customer Question

when the non custodial parent moves out of the 100 miles 2 weeks before school ends do they still get a choice of getting the kids for 42 days in the summer?
if so how do I get one of the weekends out of that 42 days if its passed april 15th, since he didn't tell me?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma. When did the other parent tell you which 42 days they wanted? When does the court order require them to tell you, and when does it require you to pick your weekend? How far away is the other parent now?
Customer: replied 1 year ago.
As of April he was in the less than 100 miles but he just notified me May 16 that he has moved out of the 100 miles and will be getting the kids june 14 thru july 27 which is the 42 days in the over 100 miles. The court order says April 1st but he was in the 100 miles then.. he will be 101 miles exactly and it tells me I have to pick my weekend before April 15 but he didn't tell me he was moving until May 16th so how do I pick my weekend if he was in the 100 miles durning the month of april???Less Than 100 milesParenting time by your schedule, or by the standard possession order, if parents don’t agree:
- Weekends start on 1st, 3rd and 5th Fridays
- Friday at 6:00 p.m. – Sunday @ 6:00 p.m. (or your order may state from after school Friday until the child returns to school the following Monday—you must tell child support staff or the judge if you want this option)
- Receiving parent picks up the child
- Thursdays 6 p.m. – 8 p.m. during school year or your order may state it starts when the child’s school is regularly dismissed and ends when the child’s school resumes (Wednesdays if order signed before September 1, 2005)
- Weekends may be back to back
- Summer, holidays, and special days
- Pick up and return to residence or, if agreed to, another place
- Return items with childMore than 100 milesIn a long‐distance parenting plan, think about the time children lose with their parents when traveling for a long time. Building parenting time into travel may be a possible solution. Travel time activities can be a chance for parents and children to transition and enhance their relationship. Whenever possible, the receiving parent should accompany the child that is traveling.If parents live over 100 miles apart, there are options for weekend parenting time:
- NCP can choose the first, third, or fifth weekend of the month throughout the year
- The NCP gets to choose one weekend per month with at least two weeks’ advance
- The election for one weekend per month must be made in writing to the CP within 90 days after the parties begin to live more than 100 miles apart.If the parties live more than 100 miles from each other, NCPs can either exercise the weekend visits as set out above or they can elect to exercise one weekend per month of their choice to begin at 6:00 p.m. on that Friday and ending at 6:00 p.m. on the following Sunday. The NCP must give 14 days’ written or telephonic notice of the weekend they choose. Additionally, this election for one weekend per month must be made in writing to the parent with custody of the child within 90 days after the parties begin to live more than 100 miles apart.
Additionally, the child gets extended time with the NCP during the summer and every spring break.
Expert:  Lucy, Esq. replied 1 year ago.
Ok, thank you. That helps. First, look at the actual "as the crow flies" difference, rather than distance on roads. It might bring the other parent within the 100 miles. If it doesn't, you have a few options:Agree to continue following the court order this year, as long as you still get to pick your weekend.Agree to continue following the order as it's written, because the difference is only one mile.Insist upon following the new schedule, meaning that the other parent gets a weekend and they have 90 days to tell you which one they want.You would be absolutely within your rights to insist on following the court order to the letter, cancelling the 42 days, and forcing the other parent to go back to court if they want to change anything.