Q: I have a custody agreement based off code ann 30-3-37, we now live within 150 miles how does this affect our agreement
We agreed to 30-3-35 in our agreement prior to relocation but that agreement was voided by the last. Does it revert to that schedule?
A: I don't know why you think 30-3-35 was "voided" unless you entered into a completely new agreement upon relocation. Ordinarily, your decree still controls parent time but the schedule and transportation costs would revert back to the 30-3-35 if the relocation statute no longer applies.
I would notify the other parent that in light of your relocation back to within 150 miles, you plan to exercise the parent time schedule identified in 30-3-35; if there is resistance, your decree may require mediation to resolve the dispute (which I recommend anyway). If this fails, you may need to file a Petition to Modify which is justified by this substantial change in circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.