Q: What happens if my ex-wife can't afford to pick up our kids from my visit with them?
Our court order states that I have to fly to NJ to pick up our kids and bring them back to Arizona with me for my visitation. The order states that she has to fly to Arizona to pick them up and go back to NJ. She says that she's not able to pick them up because of finances. So what will happen after that if she doesn't come get them? Can I file for sole custody?
A: You can file for sole custody...but whether your request is granted depends on many factors...such as how a change in custody will affect the children. Your ex-wife might decide to file for a modification of the parenting schedule and/or child support based on changed circumstances. Alternatively, you can both agree to settle the matter through a consent order. But in all cases, the court's primary concern will be the welfare and best interests of the children. You should contact a family law attorney. He'll be able to advise you on your best strategy based on all the facts.
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