Standard Visitation Guidelines For Out-Of-State Parents

Question:

I had to relocate out of state following my divorce because of work. The judge in the child custody case would not allow me to modify the visitation schedule because the children were young and he thought I abandoned them.

The airfare costs to travel and see them every month are really hurting me. Now that the kids are older I feel like I should be able to modify the parenting time schedule so they can see me more often and travel to my home. I would like to have a 50-50 schedule where I see them 6 months a year.

Are there standard visitation guidelines for out-of-state parents?

Answer:

I am unable to give you legal advice on divorce. I can only give general divorce help for men, though, my knowledge is based on Missouri divorce and child custody laws where I am temporarily permitted to practice.

Generally, the law provides that when a party relocates, it shall be deemed a change in circumstances allowing the court to modify the order. Keep in mind, however, that the judge has the discretion to either grant or deny the motion, given what he or she deems is in the best interests of the children in this regard.

Quite possibly – and I am simply speculating here based upon your information – that your judge felt that given their young age and related issues, that it would not be in their best interests to be traveling across the country on a regular basis.

While I do not know how long ago it was when you tried to modify visitation and the age of your children at the time, it may be difficult to have them for 6 months of the year.

I believe that the court may take issue with the fact that the children would be away from their school and other things that they are involved in on a regular basis.

Depending upon their age, you may have a better chance of success with trying to get them for weekend visitations and for a few months over the summer and other breaks when they are off from school.

Unfortunately, this may mean that you have to spend the money to see them, at least until they are old enough to provide input into what they want in terms of visiting with you, etc.

Given the aforementioned, I strongly recommend that you speak with a mens divorce attorney who can advise you in light of the specific facts of your case. Remember, I am unable to provide you with anything more than divorce tips for men.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jennifer de Lyon Stralka, a St. Louis divorce lawyer, contact Cordell & Cordell Law Firm.