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Question on Mode of Transportation for Visitation

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  • Question on Mode of Transportation for Visitation

    I am legally separated and share Joint custody of my 8 year old son. My ex resides in NY state and has physical residence of our son but I have visitation during school breaks and summer. I reside in NC. I have a relative that is retired from Delta and has the use of "Buddy Passes", airline tickets at a discounted rate (but you have to fly on standby). I began flying my 8 year old for visitation on Buddy Passes because he does not travel well during a 14 hour car ride. I pay an additional fee (each way) to have him fly as an Unaccompanied Minor so he is cared for by flight attendants (security). My ex just informed me he is no longer allowing our son to travel via buddy passes because he does not want him flying on standby. It is inconvenient for him (my ex) to wait at the airport to find out if he got a seat on the flight. He will only allow our son to fly with a regular priced ticket. (A difference of $500 each trip). Our separation agreement does not specify mode of transportation. How can he refuse to let our son fly because it is inconvenient for him? We need to look at what is best for our son and he doesn't ride well in a car for long trips. How do I handle this? HELP!!!!

  • #2
    Re: Question on Mode of Transportation for Visitation

    I don't think that you can make your ex comply to your request. Even if you go to court over it, I doubt that you could convince the judge to force your ex to comply. Your ex will probably argue that it is not safe for a young boy to fly solo. The court/judge is going to be concerned about the safety of your son. Because he is still young, the court may rule that he does not fly solo. Good luck.

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    • #3
      Re: Question on Mode of Transportation for Visitation

      He's not flying solo. He is flying as an unaccompanied minor, something that provides security and safety for children that fly without adults. It costs an extra $100 each way but he is accompanied on the flight by the flight attendants and can only leave when picked-up by a person listed (who must prove their identity). You would be surprised at how many children fly solo. Besides, my ex is okay with him flying on a full fare ticket so that is not the issue.

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      • #4
        Re: Question on Mode of Transportation for Visitation

        Does the court order stipulate who pays for the transportation each trip?

        When the child is in the care of the father, the father gets to make the decisions. If you want to have your court order modified, you have to petition for it in court. Otherwise, the father is within his rights to choose the mode of transportation when he has the child.

        When you have the child, you can do the same.

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        • #5
          Re: Question on Mode of Transportation for Visitation

          The separation agreement doesn't discuss transportation.

          Perfect, then I will drive the over 800 miles to pick him up and will return him (when he is in my care) via airplane.

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          • #6
            Re: Question on Mode of Transportation for Visitation

            Yes, you can do that. You can also ask the court to modify the travel arrangements citing both financial reasons and long distance reasons.

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            • #7
              Re: Question on Mode of Transportation for Visitation

              I am going through the same thing you are. I have a 13 year old son and I have to pay transportation cost to see my son. My ex is also telling me that I have to pay full cost of a ticket vs buddy pass. I have gone to the courts and they have told me that my ex "CAN NOT" tell me how to get my son to me as long as he is safe. Check with your court system and find out what your rights are in the state that you live in.

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