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New here- need opinion!- Long

Jess1474's picture
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First let me say, that I'm so glad I have found this site, it's been so helpful getting to read different posts that relate to my situation!

Quick background...I have a 9 y/o SS, who lives with his mom. We have him EOW and rotating holidays and time in the summer if BM allows it. Currently, we only have an order for child support and nothing in writing for custody/vistitation. We are currently in the process of establishing a vistiation order, so that we can have everything in writing, we have a case management conference coming up on April 18th with the General Magistrate.

One of our main concerns is the transporation. We live about 1.5 hours from BM, and for the past 5 years, my husband has had to do all of the transportation. For the first few years, BM agreed to meet half way or for one person to do all of the driving on Friday and the other on Sunday. One day, she just up and decided that she did not want to drive anymore, and told DH that if he wanted to see SS, he would need to provide all transportation. Obviously, we would like to see this changed in the upcoming order. I should mention that we are the ones that moved when SS was 1 b/c we lived in a small town with no job opportunities. We moved to better ourselves financially, and as a result BM has been granted two child support increases since then.

My question to you ladies (or men..haha), is do you think we have a shot at this? Bascially BM has tried to work out an agreement with my husband to present to the GM when we go, which is as follows: Same visitation we have now (fine with us), 3 weeks in the summer (we asked for 5-half the summer), she would continue to claim SS every year on taxes (we asked to alternate the exemption), and she would agree to pick SS up from our house on Sunday, every other visitation that DH has, meaning one Sunday, once a month, and DH would still do all other driving (we asked that the parent beginning visitiation would be responsible for transportation). We are undecided whether we should take this offer and be done with it since she is offering some help with the driving, or if we should say no way, and let the GM decide. Our thinking is that the GM may say that since we moved, she should not have to provide any transportation and then we'd lose out on what she's agreeing to now. We have never been through anything like this, and don't know anyone else that has, so I'm hoping that some of you that have been in our situation can give me some guidance!

disneymom78's picture

I don't have any experiences per say but I would think you would have a chance to have travel spilt showing some give and take with the magistrate. I would talk to a lawyer to be sure.

Jsmom's picture

Usually the travel is split equally between the two. I would let the mediator decide. She is being accomadating hoping you will agree and she just gets to do the bare minimum.

mlk1010's picture

Don't go with her offer - definately take it to the magistrate saying that these are the points of contention. You certainly won't do WORSE by going with the magistrate's decisions, and might do better. Don't be a pushover, you'll regret it in the long run. You have at least 7 more years of driving to do, and there will come a time when the visitation will dwindle to nothing because you won't feel like doing all the driving! I still think it is worth the fight to get things right and fair, even if that has not been my experience in court decisions.