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  1. #1
    tirednoverit is offline Junior Member
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    custody & visit issues state to state

    What is the name of your state? AZ

    I moved from VA approx 8 months ago. We have joint custody. I informed her dad (in writing) that we were leaving to AZ. We VERBALLY discussed visitation which I was VERY open to. Summer, spring break, holidays, you name it. I just rec'd a show cause summons for failing to obey an order for visitation & cust in 2002. Do I have anything to defend myself but the letter I wrote? I sent out a 2nd letter and copied the VA courts with my new address shortly after ariving in AZ. I guess I thought her father and I could take care of this without dragging it through court and wasting good tax payers $$$. Can I get all this visitation, custody, child support, etc... moved to AZ since it's been 8 months? My big question is why now after 8 months? Is he or his wife pissed that I asked for a modification in child support?
  2. #2
    Silverplum is offline Senior Member
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    Quote Originally Posted by tirednoverit View Post
    What is the name of your state? AZ
    Is he or his wife pissed that I asked for a modification in child support?
    How would WE know??
  3. #3
    Zephyr is offline Senior Member
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    Is he or his wife pissed that I asked for a modification in child support?

    if his motion is coming right after the cs mod request, I would guess yes

    I would also guess you will be paying almost all of the transportation costs involved with kiddos going to dad's...so in the end you may end up with less money in your pocket
  4. #4
    ProSeDadinMD is offline Senior Member
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    What does the "show cause summons" actually say?
  5. #5
    tirednoverit is offline Junior Member
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    Quote Originally Posted by ProSeDadinMD View Post
    What does the "show cause summons" actually say?

    You herby are commanded to summon forewith the respondent to appear before this court .... to show cause, if any, why respondent should not, pursuant to

    -be imprisoned until the respondent complies with the court order or be fines for

    failure to obey an order dated **/**/2002 ordering custody and visitation
  6. #6
    Silverplum is offline Senior Member
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    Quote Originally Posted by tirednoverit View Post
    You herby are commanded to summon forewith the respondent to appear before this court .... to show cause, if any, why respondent should not, pursuant to

    -be imprisoned until the respondent complies with the court order or be fines for

    failure to obey an order dated **/**/2002 ordering custody and visitation
    I'm quite sure you've done the wrong thing wrt the State; now Dad's mad at you, too.

    But these are violations from 2002???
  7. #7
    ProSeDadinMD is offline Senior Member
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    Quote Originally Posted by tirednoverit View Post
    You herby are commanded to summon forewith the respondent to appear before this court .... to show cause, if any, why respondent should not, pursuant to

    -be imprisoned until the respondent complies with the court order or be fines for

    failure to obey an order dated **/**/2002 ordering custody and visitation
    Ok, so you haven’t been following the legally binding court order. You writing a “letter” doesn’t change anything.

    You need to go, or get a lawyer in VA to go for you.
  8. #8
    ProSeDadinMD is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    But these are violations from 2002???
    I think that they are current violations of an order from '02
  9. #9
    Silverplum is offline Senior Member
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    Quote Originally Posted by ProSeDadinMD View Post
    I think that they are current violations of an order from '02
    Thank you. That makes sense.
  10. #10
    Zephyr is offline Senior Member
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    how much written notice did you give dad of your move? and what did your previous order state about relocation?
  11. #11
    tirednoverit is offline Junior Member
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    I'm in the processing of hiring a lawyer in VA. Just trying to get some advice or opinions. Thanks everyone!
  12. #12
    tirednoverit is offline Junior Member
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    Quote Originally Posted by Zephyr View Post
    how much written notice did you give dad of your move? and what did your previous order state about relocation?


    Just that we needed to inform the court and other parties with a 30 day notice. and thats what I did.
  13. #13
    Silverplum is offline Senior Member
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    Quote Originally Posted by ProSeDadinMD View Post
    Ok, so you haven’t been following the legally binding court order. You writing a “letter” doesn’t change anything.

    You need to go, or get a lawyer in VA to go for you.
    100 % correct.

    "Write a letter," indeed. That's not how you handle a court order.
  14. #14
    Zephyr is offline Senior Member
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    Quote Originally Posted by Silverplum View Post
    100 % correct.

    "Write a letter," indeed. That's not how you handle a court order.
    she provided notice as required by the court order.....I'm not so sure she's in as much trouble as she otherwise may have been- dad certainly had the opportunity to object to the move KNOWING how it would impact regular visits, he did not prevent or contest the move...he did nothing until he was asked for more money

    I wonder if he can prove he tried to exercise his parenting time.....


    .....consulting my crystal ball**************I see it coming to not much and them getting a new order out of the deal to reflect the new distance and transportation.....
  15. #15
    Silverplum is offline Senior Member
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    Quote Originally Posted by Zephyr View Post
    she provided notice as required by the court order.....I'm not so sure she's in as much trouble as she otherwise may have been- dad certainly had the opportunity to object to the move KNOWING how it would impact regular visits, he did not prevent or contest the move...he did nothing until he was asked for more money

    I wonder if he can prove he tried to exercise his parenting time.....


    .....consulting my crystal ball**************I see it coming to not much and them getting a new order out of the deal to reflect the new distance and transportation.....
    Sure, you could very well be right.

    But OP was pretty vague, has an attorney, and "wrote a letter" to the court. I don't think we're getting the whole story, and I really don't think she did the move properly.

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