Q: I'm looking for clarity on the "Parents who reside more than 100 miles apart".
My son's mother is claiming that she lives more than 100 miles because 1 of the 3 routes to her house is 102 miles. The other 2 routes are 82 and 87 miles.
A: Your ex needs to quit playing games, Tell her the route you take with the miles and ley her know that you intend to follow the court order,
For purposes of what possession schedule applies, the distance is “as the crow flies.”
Since there are two driving routes less than 100 miles, the distance is unquestionably less than 100 miles.
The choice of driving route is up to the parents, but doesn’t impact what possession schedule applies.
A: If you possess documentation demonstrating that the distance between the residences is less than 100 miles and if your court-ordered visitation rights are being denied, you may file a motion for enforcement. In this motion, you may request that the mother be held in contempt of court. Additionally, you may request that if your motion is granted, the court order the mother to reimburse you for your attorney's fees and to provide you with make-up days for the days you were denied, as well as additional days.
I think the general consensus will be you live within 100 miles. Interestingly, though if your order follows the standard visitation schedule you may just want to go with Mom's, albeit wrong assertion, since you could benefit from added time.
For example, even if you live 100 miles or more, that standard possession schedule still allows you to select the standard weekend visitation plan on the 1st, 3rd, and 5th OR the predesignated weekends. So you can still follow the traditional plan. The added benefit you will get will be getting an additional 12 summer days and every spring break.
So you may really want to consider your response. Now this of course goes out the window if you are being denied visitation altogether. Then you need to enforce your visitation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.