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    janelily's Avatar
    janelily Posts: 1, Reputation: 1
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    #1

    Jun 19, 2008, 01:53 PM
    Non-Custodial parent moved away
    We lived in Indiana 5 hrs apart. The court agreement was to meet half way , 2/12 hours driving apiece, between the two counties we lived in for the child exchange, which we did but then he moved to Texas. Now, he says since he's flying in I have to pick my son up that would be a 6 hr round trip. He only see's his son 2-3 times a year and calls him maybe once a month, if that. He did not have to move but just "felt like it". Does our original agreement to meet half way still apply?
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Jun 19, 2008, 01:56 PM
    He should have taken his moving plans to an attorney and had new custody guidelines drawn out. I'd tell him to get over it and you're more than happy to drive 2 1/2 hours as was the original agreement but he needs to do the rest, which is now his share since moving was HIS choice.
    smokedetector's Avatar
    smokedetector Posts: 368, Reputation: 56
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    #3

    Jun 19, 2008, 01:57 PM
    Not having seen it, I would think that it would still apply. If you want it changed, you'll either have to talk him into an agreement or go back to the judge. Good luck.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 19, 2008, 01:59 PM
    You can refuse and let him take it back to court, or you can take it to court first and ask for it to be changed
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #5

    Jun 19, 2008, 02:54 PM
    Because I know how Indiana works I have to say... get a court date asap. The half way thing applies but because he is the one that moved the judge will be willing to make changes. This includes him paying for the child(ren)'s ticket(s). However, if the airport is only three hours from you which I'm going off your six hour round trip comment then the judge is likely going to say you have to make that effort because it is only half an hour different it isn't like driving half way to Texas.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #6

    Jun 19, 2008, 03:03 PM
    This is a change of conditions that warrants an immediate hearing. If you can't afford the expense, ask the judge to make him pay for it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jun 19, 2008, 04:51 PM
    Quote Originally Posted by George_1950
    This is a change of conditions that warrants an immediate hearing. If you can't afford the expense, ask the judge to make him pay for it.

    I agree and for that reason - greatly changed circumstances - I would say the agreement is void. It was set up on one set of circumstances, now there's another. No Court that I can think of will hold up the agreement - he could have moved to Europe!

    You have to get to Court immediately.
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