Per our divorce decree, I am to pick up the children to bring them to my house and my ex-wife is supposed to pick them up to take them home. From day one we agreed to meet halfway each time to make it easier on both of us. Since the divorce, I’ve moved farther away and am now right across the Indiana state line. She now feels that I should make the entire trip both ways regardless of what the divorce agreement says. Her reasoning is that I moved to another state (even though I’m literally 1 mile over the state line) and that the divorce agreement is out the window where visitation is concerned. I prefer to continue meeting halfway. Who is right and what can be done?
First let me preface my answer by stating that even though I am licensed in the state of Kentucky, I am unable to provide any specific legal advice as I am not familiar with all the facts and issues of your case.
Usually, parties are free to agree to modifications of the agreement as long as both are in agreement. However, once one party disagrees then the divorce agreement will control since it is usually incorporated into the decree of dissolution of marriage and made an Order of the Court.
If either of you wishes to change this detail, you need to either agree to it in writing and signed by both parties or ask the Court to modify this term. Either way it might be wise to consult an attorney to see what your options are and which one is best for your situation.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.