We have a verbal custody arrangement with my husbands ex wife. We moved from Douglas to Morgan county and she originally agreed to meet us half way. Last week she got upset and said she would no longer meet us, so we commuted 3 hrs to get Kaylee (14) to school. She prides herself on the civil relationship she has enjoyed over the past 10 years with my husband and boasts that they have never been to court, other than for the divorce (in New Mexico). The ex wife and my husband want to avoid "going to court" but I feel it's time to legally protect our family from her mood swings. I feel our next step should be to hire a lawyer and get a custody agreement filed. Am I correct in assuming that the courts would have her drive 1/2 way for each custody change? Thanks in advance!!!
No, your letter will not be enforced. If you want an something enforceable, your only choice is to go to court and get an order. Once that is done, the court will issue an order on parenting time, decision-making, and child support. The court will determine the location of the exchanges based on the best interest of the child.
You are right, it is time to get a lawyer to get a proper order.
I do believe it is time for you and your husband to consult with a family law attorney to better understand your rights. You do not provide the parenting time schedule which will be a major factor in determining how transportation time will be allocated. Bring whatever documents you have from the original agreement to the meeting with the attorney as those documents may be the existing court orders that need to be modified. Good luck to you.
If by "law enforcement" you mean the police, they will generally not get involved in custody or visitation disputes, even when there is a court order, unless there is an order specifically directing them to do something. Some officers in some jurisdictions will try to help enforce orders, but will generally not make people follow them with their power as law enforcement officers. Presuming the NM case has been transferred to CO, you will need to get specific court orders regarding transportation duties. A notarize letter will not be sufficient unless its made an order of the court. You should consult with a family law attorney.
