Q: The child turned 16 years old and has a full-time job. The child lives 187 miles from the non-custodial parent.
Our child just started a full-time job and lives 187 miles away from the non-custodial parent, who has every other weekend and every other holiday visitation. The non-custodial parent is requiring the child's employer to follow the court order visitation. Does the employer have to follow this order? What is the best way to allow the child to continue their job?
A:
No private party may require a non-party to do anything. If you believe the father is requiring a non-party to obey your Decree of Divorce, then please disabuse yourself of this belief. This also has nothing to do with how far your child lives from the father. The ONLY considerations you should focus on are:
1. Did the Decree give you the right to move so far away from the non-custodial parent is unable to exercise his visitation; and
2. If the Decree was entered before I moved 187 miles from the Father, you should expect to have a Motion to Modify Custody coming to you! Most courts I practice in will let the custodial parent to move any place they choose- but just don’t take the minor child with you. Did you move with your child without asking the Court for permission? The father might now ask for 6-8 weeks of contiguous custody during the Summer and EVERY holiday, since you (may have), unilaterally taken his every other weekend visitation away from him.
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