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mehrtensa

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My ex wife and I have joint custody but the children live with her. We live about 45 min apart and I have picked them up every weekend for the last 2 years, lately every other weeken since I lost my job. Our divorce judgement states I am to pick up the children. Since I lost my job I don't have the money to drive out and get them amd then drive them home and also pay for their food and things while they are with me. Would a judge grant a motion by me asking to have her temporarily pick them up or drive them, I can do one or the othe as she is working now and can afford to but she just will not go out of her way to bring them to me. I know the children have a constitutional right to have access to both parents, I'm hoping this would help in a judge deciding for me and forcing the mother to drive them to see me or at least pick them up.

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A constitutional right?  The facts are not supported for what you propose.  The children have no specific right (look how quickly courts can remove them under issues of neglect. )  Present an open and honest request for a modification based on your current situation.  Advocate for the children's interest in seeing both parents.  Agree to let it follow a temporary path reviewable when you return to work.

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Thank you. I mentioned constitutional right for one reason. At one point my ex was keeping me from seeing the children because we had a fight. She filed for supervised visitation for no reason, she made stuff up with no supporting proof. When I went to court for the motion hearing I defended myself and the judge did not agree with her as she had no proof of her allegations. He said specifically that tge children have a constitutional right to have access to both parents. There was no neglect or anything

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Would a judge grant a motion by me asking to have her temporarily pick them up or drive them

 

Unlikely, but it depends on the laws and judicial guidelines in your unidentified state.  A 45 minute drive each way every other weekend isn't much.  However, if your ex won't work with you at all, then a motion to the court will be your only recourse.

 

 

 

I know the children have a constitutional right to have access to both parents

 

No such right exists (either under the federal Constitution or any state's constitution).  Either you mis-heard the judge or the judge in question was just making stuff up.

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Hi there,

 

Like the other posters said, there is no constitutional right to have access to both parents, so it would not be a good argument to make if you end up trying to get a custody modification. I agree that your best bet would be to explain your situation and argue that the arrangement would be in the children's best interests. However, I'd suggest trying to work it out with your Ex before filing for a modification. Good luck!

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