Custody/visitation question: who has to do the driving?

[righteousbabe]

I'm trying to find a clear cut legal answer to this question:

In a custody case where one parent has visitation rights every other weekend, who HAS to do the transporting of the child?

This is in texas. The NCP has voluntarily moved about 45 miles away, whereas the parents used to be about 10 miles apart only. He is fully expecting mom to drop off/pick up becuase he "has no money for gas" and drives a gas guzzling vehicle. He doesn't pay child support either.

Mom wants to tell him to figure out a way to get her for visits on his own, or too bad, no visit, but will she be legally correct to do so?

[florida999]

at least in florida, it is the reponsiblity of whatever parent has physical custody of the child at the time, cus. par when child is with them, non cos. when child is with them. physical cus. is not the same as legal custody.

[righteousbabe]

at least in florida, it is the reponsiblity of whatever parent has physical custody of the child at the time, cus. par when child is with them, non cos. when child is with them. physical cus. is not the same as legal custody.

Huh? I'm confused by this. So whoever has the child physically in their posession is responsible for getting the child to the other parent?

[florida999]

at least in this state, the n.c.p. has to pick up child, drop child off. of course c.p. has to transport child to school, ect when he/she has child.

[florida999]

i think you would probably be within your rights to tell him that he has to come get child, however he will probably pull you having to go get child, not because he can legally, but because if you want the child back hell probably make you come get him/her.

[righteousbabe]

i think you would probably be within your rights to tell him that he has to come get child, however he will probably pull you having to go get child, not because he can legally, but because if you want the child back hell probably make you come get him/her.

Well, what I'm wondering is if there is no specific wording in the court order, can we call the police if he doesn't return her?

Or will they just say "you can go get her" and not do anything?

I guess it's going to need to be something decided by a judge if we want him to HAVE to drop off and pick up.

He is the cause of the entire CPS mess, and heaven only knows why he has unsupervised visitation at ALL at this point, but that's the way it is. He is a "flight risk" having moved 4x in the past year and concealing the child... but it will take court action to do anything about it I'm sure. CPS won't involve themselves in that.

[Frustrated]

Marina already stated a snippet about Transportation and who is responsible and who can help Parents in Transportation.

While the Children are in Foster Care Custody, CPS can help parents in transportation according to Foster Care Handbook. Marina has these stuff somewhere on the Boards, I forget where.

If you can't afford Transportation, according to CPS Manual or Foster Care Handbook, it states that CPS CAN HELP you in Transportation to bring you to Visitation Locations to visit your Child/ren.

Just have to read the CPS Manual and Foster Care Handbook in your State to see if there is a Transportation Help and you can quote that to them that you need HELP in these Areas because of financial straits. They were supposed to HELP YOU!

I remember three years ago, they asked me if I needed help in transportation to get to a Meeting that was about ONE Hour away and of course I declined because I had my own vehicle but they said they would HELP with Travel Grants to replace with your Gas Expenses. They already asked me if I needed HELP to travel to get to the Meeting. Without sounding too "poor", I declined. But remember there is a such thing. (Travel Grants, Travel Vouchers, etc...etc...) Just Ask......you never know they do indeed Help....in these areas. I am pretty sure they have to help Parents to accomodate Visitations for you.

[righteousbabe]

Marina already stated a snippet about Transportation and who is responsible and who can help Parents in Transportation.

While the Children are in Foster Care Custody, CPS can help parents in transportation according to Foster Care Handbook. Marina has these stuff somewhere on the Boards, I forget where.

If you can't afford Transportation, according to CPS Manual or Foster Care Handbook, it states that CPS CAN HELP you in Transportation to bring you to Visitation Locations to visit your Child/ren.

Just have to read the CPS Manual and Foster Care Handbook in your State to see if there is a Transportation Help and you can quote that to them that you need HELP in these Areas because of financial straits. They were supposed to HELP YOU!

I remember three years ago, they asked me if I needed help in transportation to get to a Meeting that was about ONE Hour away and of course I declined because I had my own vehicle but they said they would HELP with Travel Grants to replace with your Gas Expenses. They already asked me if I needed HELP to travel to get to the Meeting. Without sounding too "poor", I declined. But remember there is a such thing. (Travel Grants, Travel Vouchers, etc...etc...) Just Ask......you never know they do indeed Help....in these areas. I am pretty sure they have to help Parents to accomodate Visitations for you.

The child isn't in foster care and CPS is "removing themselves" from the whole thing pretty soon.

CPS has returned the child to mom and visitation now is by the original court order: i.e. Dad will get her every 1st and 3rd weekend.

The issue is whether or not DAD is responsible for picking her up and dropping her off for these visits since he chose to move away.

I asked in the round table forum because it really has nothing to do with CPS at this point... it's more of a standard custody question.

thanks!

[good dad]

In my state it is a 50/50 thing. One picks them up, the other drops them off...

[Frustrated]

Ok, I had Visitation and Custody order as well for Divorce in Family Courts. I can tell you that my Lawyer told me that it is NO WAY that I give my ex husband half way to travel to meet the Kids. He wanted me to drive 350 miles down HALF WAY to meet him and he gets to meet at the location HALF WAY. My Lawyer had told his Lawyer, NO WAY. Because he hasn't paid Child Support, so surely he can afford to pay for Travel Expenses. Then it was laughable when he asked the Judge for me to PAY his GAS EXPENSES! Judge told him No way, and he has to drive FULL way, whole 700 Kms up here to pick up and drop off the Kids for Visitations. The Mother is not responsible for transportation because the Father is driving his own Car. Father is responsible solely on arranging for Visitation, pick up and drop off at a location that is not at my House because of safety reasons.

Some can be met 50/50, but most cases that Judge will tell Fathers are responsible for arranging transportation for themselves during Visitation Period. That is my experience in Family Courts for 10 years. I have been in Court Two times already against my Ex husband. One to get Custody Order, and to arrange Visitations, and the second one was to revise Visitation Order which minimize 2 weeks off of 4 weeks per year because he was up for Child pornography so Judge took away his two weeks visitations but still granted him only two weeks per year. He is responsible for full Transportation, and pay Child Support which he has not done so for 3 years thus far. It is like drawing Blood out of a Stone. That is my experience in Family Courts for the past 12 years.

With CPS involvement because my EX husband called the Hot line out of spite so many times, and I never went to Court for CPS involvements. 6 cases for 6 years with CPS and I never went to Court yet. I never got a Criminal Record, and I only went to Courts for Divorce and Custody/Visitation Orders including Restraining Order on my Ex husband in Family Court, that's it.

[pamom2crew]

With my case in NY, the judge ordered that I drive the kids 45minutes, and their dad had to drive 15minutes.
I was pregnant and on bedrest at tyhe time, but the judge didn't care.
So, I think it's really whatever you 2 can agree on.