Tuesday, June 12, 2012

When the parents live in different states, who pays for the kid's travel?

In the case of Hindle v. Fuith, 33 So.3d 782 (Fla. 5th DCA 2010)  the court ruled:
TRIAL COURT ERRED IN ORDERING FATHER TO BEAR THE ENTIRE COST OF VISITATION; TRANSPORTATION EXPENSES SHOULD BE SHARED BY PARENTS IN ACCORDANCE WITH FINANCIAL MEANS; EXPENSE OF VISITATION IS A CHILD-REARING EXPENSE "LIKE ANY OTHER." 
The Father appealed from a final judgment of paternity which determined that the Florida courts had subject matter jurisdiction over the parties' custody dispute concerning the parties' eight-year-old daughter; granted custody of the child to the mother, ordered monthly child support; and placed the burden of visitation costs entirely on the father. With regard to the court's requirement that the Father bear all of the costs of visitation, the District Court held:
1. "The [parties'] child was born in the United Kingdom where the father resides and removed to Florida by the mother's unilateral decision. The trial court ruled that the father can only visit the child in Florida, thereby incurring substantial travel expenses to effectuate his visitation."
2. "The expense of visiting the child in Florida from the father's residence in the United Kingdom is a childrearing expense like any other. Child support guidelines provide that transportation expenses, like other childrearing costs, should be shared by the parents in accordance with their financial means.
What this case means is that when there are substantial travel expenses, each parent should share the cost of travel.  This is calculated on the child support guidelines and based on the income of each parent.  Both parents should be in a child's life and the court has recognized this.

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