Broomfield, CO asked in Family Law and Child Custody for Colorado

Q: My ex husband has now moved to Hawaii. Is the parenting plan void?

* The current parenting agreement was agreed to while he was living in California and I in Colorado.

* He has since moved to Hawaii , in January 2018

* The only direct flight option costs $1400 one way

* The less expensive flight options have over night layovers with 13-18 + travel times

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2 Lawyer Answers

A: Presuming your orders are from Colorado, you should consult with a family law attorney to look into this issue. Him moving to Hawaii, presumably by choice, makes the travel costs excessive. If you have orders to split those costs, the court may be willing to provide some relief in terms of making him pay more. Also, $1400 sounds excessive for a one-way to Hawaii and unless something has changed in the last years since I went there, layovers are usually going to be 2 to 3 hours, either in LA, SF, or sometimes Phoenix. Nonetheless, the tickets are certainly a lot more than to/from CA. If your orders indicate specifically travel to CA you may have only a duty to get the child to CA and the rest is on him. Again, consult with an attorney.

A: The parenting plan may not be void, but may be changeable. You can file a motion to modify the parenting plan. It will be up to the court to decide whether to do so. Of course, it will help if you can agree on a new plan. You should retain an attorney to help you with this

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