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.
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