My question involves a child custody case from the State of: North Carolina
There is a permanent custody and visitation order in place. Both parents live in the same city and currently non custodial parent has visitation every other weekend. The non custodial parent does not work and only pays $50/month in child support (for multiple minor children). Non custodial parent plans to move thousands of miles away. He would like both parents to agree to amend the current agreement / visitation schedule so that he can have visitation for the majority of the summer but they cannot agree on who will pay for travel costs among other things so the custodial parent cannot simply consent. I understand the non custodial parent will have to file a motion to modify the current order.
The custodial parent wants the minor children to have ongoing contact with their father but cannot afford to pay for travel. She is already getting what amounts to nothing in support. She does not want to block his move or block visitation but simply cannot agree to share costs. The non custodial parent does not HAVE to move for a job or family, etc. He simply wants to live in this new place. What is legal precedent as far as who pays for visitation? Does it matter that the non custodial parent is doing this voluntarily? Does it matter that he is already providing no financial support to the family?
I have read some articles that say that travel is split between the parents based on their income ratio which would be ludicrous in this situation. The custodial parent cannot even feed the family without government assistance but since the non custodial parent does not work, her income is 100% higher than his.
There is a permanent custody and visitation order in place. Both parents live in the same city and currently non custodial parent has visitation every other weekend. The non custodial parent does not work and only pays $50/month in child support (for multiple minor children). Non custodial parent plans to move thousands of miles away. He would like both parents to agree to amend the current agreement / visitation schedule so that he can have visitation for the majority of the summer but they cannot agree on who will pay for travel costs among other things so the custodial parent cannot simply consent. I understand the non custodial parent will have to file a motion to modify the current order.
The custodial parent wants the minor children to have ongoing contact with their father but cannot afford to pay for travel. She is already getting what amounts to nothing in support. She does not want to block his move or block visitation but simply cannot agree to share costs. The non custodial parent does not HAVE to move for a job or family, etc. He simply wants to live in this new place. What is legal precedent as far as who pays for visitation? Does it matter that the non custodial parent is doing this voluntarily? Does it matter that he is already providing no financial support to the family?
I have read some articles that say that travel is split between the parents based on their income ratio which would be ludicrous in this situation. The custodial parent cannot even feed the family without government assistance but since the non custodial parent does not work, her income is 100% higher than his.
Relocation: Visitation Modification-Non Custodial Parent Moving and How to Handle Travel Costs
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