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joint custody vs primary residence

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M

mttykmk

Guest
What is the name of your state? AZ
My divorce was final on April 24th. We were given joint custody, stated as follows: "They have stipulated that Father shall be the primary residential parent for their 17 yr old son, and Mother shall be the primary residential parent for their 16 yr old daughter... 2. They shall be joint custodians of their children, as outlined above. 3. Parenting time shall be during the summer, winter school break and spring break and the parents shall share the travel expense" My 16 yr. old daughter stayed with me for the summer and decided she wants to live here. Her mother, however, refuses to allow it and won't sign the necessary paperwork for me to register my daughter for school. I have filed an order to change the custody status, which was outright denied by the judge, stating that the law requires 6 months to pass before a change is made. Her mother has called several local schools to prevent the enrollment of my daughter and has informed my daughters previous school not to release records. Meanwhile, she has done NOTHING to bring her home, and furthermore, hangs up on us every time we try to call. Can an appeal be made with the court, if not, what futher action can I take, short of sending my daughter home, kicking and screaming because she doesn't want to go? Her mother lives in CA. The decree does not specifically state "legal or physical" custody but states primary residence, does this have an affect on my rights to enroll her in school here? Or does the "joint" custody allow me to do so?
 


stealth2

Under the Radar Member
I think you've got to send her home. The judge has already denied your motion, so by not following the order you are in contempt. (Since you haven't said anything in this regard, I'm assuming that there's no abuse, etc - it's simply a case of your daughter not wanting to return to Mom's.)

Your daughter is certainly old enough to understand the consequences of this, and should be mature enough to stick it out until a modification will be heard, without kicking and screaming. If you refuse to send her back, it could also cost you custody of your son.
 

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