Legal Question in Family Law in Indiana

modification in custody transportation

When I divorced we has an agreement to me providing most of the transportation, however I moved about 30 miles away and my ex refuses to cooperate in meeting half way. How and can I get a modificat. I would like to do this myself. How would I do it?


Asked on 2/01/02, 11:49 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: modification in custody transportation

Assuming that the divorce you speak of was in Indiana and that the agreemnet mentioned was part of a divorce decree issued by an Indiana court, this discussion will be limited to and only to the juridiction of Indiana.Therefore this should not be thought to include or apply to any other state.

In Indiana if the custodial or primary custodial parent is the one who moves, he or she is usually required to first file a notice with the court which granted the divorce serving the other parent with that notice.

In any event, the parent who moves generally bears the burden of providing the means or costs of the additional distance to be covered in transporting the childern for purposes of visitation. Should you wish to modifiy this, it could be done if the parties mutually agreed to do so. If not, then a petition to modify would need to be filed with the court of jurisdiction over the matter. Meaning the court which granted the divorce. The moving party will most likely have to present some solid reasons for such a modification. However, this does not imply that the court would grant such a request

If you wish to do it yourself, there is no fill in the blank form to do so. Look to the other pleadings in your divorce matter and use that caption. Than tell the court what you wish, why and request a hearing. While there are no guarantees, your chances would probably improve with an attorney.

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Answered on 2/02/02, 10:08 am


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