Question:
My current parenting time court order identifies the exact location where our custody exchanges are to occur.
My child’s mother now tells me she is moving the location closer to her house since she does not drive, but I do not agree to this move and want us to continue following the court order.
She says that if I want to exercise my parenting time then I need to meet her at the new location.
Can she change the location from what was ordered by the court?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana child custody laws where I am licensed to practice.
If the court order specifically listed a location for the exchange to take place and she has not filed to modify that order, then the court order stands as it is written.
However, courts like to see agreements between the parties so if you can agree to an exchange location, you could file a written agreement with the court modifying the exchange location.
I understand that you do not agree to her proposed change to the order. As the child’s mother does not drive, the court will likely consider that in selecting an exchange location.
If the move was a substantial distance and would impose a hardship on you or if the proposed location is not a neutral site, those would all be valid reasons for rejecting her proposal.
If the move is not very far and the site is neutral, you may prefer to just propose a different exchange location in the same area in the spirit of cooperation.
A hearing on the exchange location would likely not take place right away and you do not want to miss the parenting time between now and the time the hearing can take place. Any modifications to the order should be signed by both parties and filed with the court for approval and signature by the judge.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
