Bishop, CA asked in Child Custody and Family Law for California

Q: How many yearly visits does custodial parent have to pay for a minor child living outside state of non custodial parent?

Minor is 8 years old male on the autism spectrum. Father has had full physical & legal custody since age 2. Father recently relocated from calif to colo with family; step mother and two 1/2 siblings ages 3 and 5. There is a current visitation order in place; every other major holiday (xmas & thanksgiving) and summer. Bio parents share 1/2 cost of those 3 yearly visits. Bio mother filed for modification, court hearing set in march. She is asking for father to pay for minor to travel for spring break, a friends wedding, and her college graduation. Father pays 100% of minors care and needs. Mother has never paid for any care or need of child or child support. current order allows mother 4 additional visits in county where minor resides at mothers expense and that visitations should not interfere with minors school, extra pre planned activities or medical appointments. Question: is mother legally entitled for spring break and other visitations as she is requesting at dads expense?

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James L. Arrasmith
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Answered

A: There is no specific number of yearly visits that a custodial parent is required to pay for a minor child living outside the state of the non-custodial parent under California law. However, the court may order the custodial parent to pay for reasonable transportation expenses for visitation with the non-custodial parent, taking into account various factors such as the distance between the parties' residences, the financial resources of each parent, and the child's best interests. The specific terms of visitation and the responsibility for expenses should be included in the court's custody and visitation order.

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