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Father of Child Wants to Move to Another State

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  • 09-12-2013, 02:16 PM
    Sthomp
    Father of Child Wants to Move to Another State
    My question involves a child custody case from the State of: AZ

    The father of my son and I just got our final custody orders not even a year ago and he wants to relocate out of state. Here's some details of what happened then ill go into my question....my son is 8, the father never paid a dime until court last year, then paid once until this year, even with the court order he's only paid me a few times. I started the court process in 2011 because my fiancé at the time got a job in another state and I wanted to try to move with him but wanted to make sure I did it legally so I went to the lawyer. I was told that I would never be able to move away and so we decided to just go ahead with child support and visitations, since my son was 7 and we never had court orders before. Now, not even a year after our final orders went through my son says his dad wants to move and he needs to figure out if he wants to be with me during the summer or school year. So, my questions/concerns are...with our order can he take him out of state, how do I make it so he can't take my son, and if anyone has been in this situation what do I have to start preparing for?
  • 09-12-2013, 02:54 PM
    llworking
    Re: Father of Child Wanting to Move
    Quote:

    Quoting Sthomp
    View Post
    My question involves a child custody case from the State of: AZ

    The father of my son and I just got our final custody orders not even a year ago and he wants to relocate out of state. Here's some details of what happened then ill go into my question....my son is 8, the father never paid a dime until court last year, then paid once until this year, even with the court order he's only paid me a few times. I started the court process in 2011 because my fiancé at the time got a job in another state and I wanted to try to move with him but wanted to make sure I did it legally so I went to the lawyer. I was told that I would never be able to move away and so we decided to just go ahead with child support and visitations, since my son was 7 and we never had court orders before. Now, not even a year after our final orders went through my son says his dad wants to move and he needs to figure out if he wants to be with me during the summer or school year. So, my questions/concerns are...with our order can he take him out of state, how do I make it so he can't take my son, and if anyone has been in this situation what do I have to start preparing for?

    For one thing, its absolutely not your son's decision at all. You need to tell your son not to worry about it, that its grownup business.

    What is your actual parenting schedule? Who has primary custody?
  • 09-12-2013, 03:04 PM
    Sthomp
    Re: Father of Child Wanting to Move
    I know, I'm still wrapping my head around why he would even think to bring it up and ask my son to come up with a decision like that! I'm primary and parenting time is every other weekend and every other Wednesday at his dads house. Which by the way his dad is never there while its his parenting time!
  • 09-12-2013, 03:13 PM
    llworking
    Re: Father of Child Wanting to Move
    Quote:

    Quoting Sthomp
    View Post
    I know, I'm still wrapping my head around why he would even think to bring it up and ask my son to come up with a decision like that! I'm primary and parenting time is every other weekend and every other Wednesday at his dads house. Which by the way his dad is never there while its his parenting time!

    Then there is absolutely no way that a judge is going to let dad take the child with him. He doesn't have primary custody and there is no change of circumstance to justify a custody switch, let alone a custody switch with an out of state relocation to go along with it.
  • 09-12-2013, 03:22 PM
    Sthomp
    Re: Father of Child Wanting to Move
    Ok. Thank you for your response I really appreciate it! You have put me more at ease.
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