Q: If non custodial parent says she cannot pick child up for her visitation what do I do?
We agreed in court to 50/50 transportation but it is not in our custody agreement. I’ve been doing all transportation for non Custodial parent to see child for 8 months even though we agreed on split transportation. I’ve told her I cannot drop him off anymore and she will have to figure out how to pick him up. Is this legal? Custody paperwork states she can visit as we agree.
A:
The reason for the non-custodial parent's inability to transport the child is an important factor. Is the non-custodial parent disabled, unlicensed to drive, or have some other legitimate excuse for being unable to provide transportation? Did the custodial parent move a far distance from the non-custodial parent? Could the parents meet somewhere half way?
When determining transportation in custody matters, the Court will foremost consider the best interests of the child. Generally it is in a child's best interests to have meaningful contact with both parents. If the non-custodial parent will be effectively denied visitation as a result of a legitimate lack of transportation, the Court may order the custodial parent to transport the child for visitation.
Often, if the parties are both of sufficient means, the Court will set a pick-up and drop-off location and will order the parents responsible for their own costs.
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