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Is this enough reason for a change of custody?

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424Smudge

Member
What is the name of your state? In Az

Mother petitioned the court in 2003 for 50/50 custody to be changed to sole to her due to her moving over 200 miles away. The courts decided that both parents prove to be fit parents and found no reason to change the custody but decided that in the best interests of the move, mother was more likely to encourage visitation and allow father more time with the children than dad would. She was awarded custody and moved in June of 2004.
Would the following reasons be enough for Father to request a change of custody?

- Mother has made it VERY difficult for father to have visitation (changed her mind at the last minute, demanded things that were not in the parenting plan, or flat out denying it all together.) Father has seen the children only 2% of the time that he was supposed to see them since mom moved. She has already been reprimanded by the court on this issue.
- Father volunteered to pay for 100 percent of the visitation due to mothers financial situation (he also moved to IL but the courts still told father that he should only be responsible for 50%). Father volunteered to do this because tickets were not too expensive and since Father volunteered to do this the courts ruled that to save money on Fathers part that he could fly them out of Phoenix even though Mother lives in Tucson. Also at the time Tucson did not offer non-stop flights out of Tucson. Mother refuses to take them out of Phoenix due to the fact that Tucson offers non-stop flights now.
- Mother has been badmouthing Father in front of the children and has been caught doing it by the courts. She has been reprimanded roughly 5 or 6 times for PAS by the same judge.
- Mother has also been caught trying to tell the children what to tell a mediator when the judge ordered the children to be evaluated. She was telling them that they had to say that they wanted to stay with her and that they never wanted to see their dad again. She told them that they would be in BOG trouble if they didn’t do it.
- She didn’t answer the phone when Father called and doesn’t return phone calls.
- Father is willing to move back to Az if necessary to retain custody and is also wanting to attend counseling with the children due to the strain that mother has put on their relationship.
- Mother has not informed Father of anything going on in the children’s lives. No report cards, pictures, testing results, information on medical treatments. CO says that even though she has to final decision on these matters that she is still to attempt to get fathers input on the matter first. His daughter had braces put on and he was not aware of it until he saw her.
- Mother plans on moving to Alaska or Guam once her husband gets orders there. Father offers a more stable home that does not have the prospect of having to move every year or 2.

I don’t want to say that dad is not without fault though to help you make a better decision. The one thing that the court has noted that he has had arguments with his wife in front of the children but that they have never escalated to violence.
 



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