Q: My ex & I were never married. Our son is two. 6 months ago he moved three hours out of state. Now he wants more time.
He's saying he wants him the first week of every month in Kansas, and the third weekend out here in Colorado. He said it's too much driving every other weekend for just a short weekend. My ex chose to move, and it is hard on our son driving back and forth. My ex works during the day and his wife would be watching our son. We went to court and now the judge wants to do have a home study done. I know my home is fine. I don't think it's good for him to be out there for that full week. I didn't choose for him to distance himself from our son. A week is too long away as we are very close and he has problems when he comes back. Will the judge allow this? Or should I hire an attorney to fight it?
A: It is hard to say what a judge will do. As a rule, courts are supposed to make visitations reasonable for both parents. Leaving the state should not penalize the father, but many judges do not like multijurisdictional agreements and tend to just "split the baby" (mostly for ease, not for fairness). I recommend that you contact a family law attorney. Many offer free consultations. See what they think (and what your budget if accommodate).
A: You should probably hire an attorney to help you. By a home study, I presume you mean the court appointed a child and family investigator. This could be a good thing for you, in that your concerns and how the child reacts to things will be reported to the court. Realistically, a court is not going to continue every other weekend given the distance and travel time. At the same time, a court might say a week away is too long at this age.
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