How long to dispute relocation?

[dadcobf]

What is the name of your state (only U.S. law)? AZ

Hello all, first time post for me.

I am currently working with an attorney in each state that I'm involved with, and we have a couple strategies for dealing with this, but extra advice can't hurt right?

One opinion I'd like to get from the community is how long does someone have to dispute a relocation? I left AZ (where my court order resides) with my son four years ago and have been the CP since then. I did not get a written statement from my ex with her permission for the relocation. (I know, mistake, if I knew then what I know now....)

Can she now unilaterally decide to enroll him in school at her residence and just not send him home to me at the end of the summer because I didn't get that permission in writing? Or is the four years enough to imply permission? She was informed verbally of my relocation back in 2004 and she never filed anything contesting it. Even now she isn't filing, she is just saying he isn't coming home and she is declaring herself the CP now.

Thanks for any opinions!

 

[majomom1]

What is the name of your state (only U.S. law)? AZ

Hello all, first time post for me.

I am currently working with an attorney in each state that I'm involved with, and we have a couple strategies for dealing with this, but extra advice can't hurt right?

One opinion I'd like to get from the community is how long does someone have to dispute a relocation? I left AZ (where my court order resides) with my son four years ago and have been the CP since then. I did not get a written statement from my ex with her permission for the relocation. (I know, mistake, if I knew then what I know now....)

Can she now unilaterally decide to enroll him in school at her residence and just not send him home to me at the end of the summer because I didn't get that permission in writing? Or is the four years enough to imply permission? She was informed verbally of my relocation back in 2004 and she never filed anything contesting it. Even now she isn't filing, she is just saying he isn't coming home and she is declaring herself the CP now.What is the name of your state (only U.S. law)?

Thanks for any opinions!

What does the existing court order say about custody, school and relocation? Word for word...

Has she been exercising 'visitation' all this time?

 

[dadcobf]

Re: Co

Hi, the parts that I think apply - if you want to see more just let me know -

A. The parties shall have joint legal custody by which both parents shall share equally in the major decisions involved in their children's upbringing, including but not limited to, medical care, education and religious training and social environment. Other significant matters shall be decided by agreement between the parties.

F. Neither party shall remove the children from the State of Arizona without the prior written approval of the other party.

G. Neither party shall permanently relocate the children outside the State of Arizona without the prior written approval of the other party, or order from a court of competent jurisdiction. If one party desires to relocate outside the State of Arizona, then the party remaining in Arizona shall take primary physical custody of the children. The parents agree to make any necessary adjustments in good faith, using mediation services, if needed, prior to initiating any court proceedings a modification of the custody agreements.

2. Physical custody of the children shall be as follows: Primary physical custody shall be vested in Petitioner/Father and Father's home shall be the primary residence of the children.

3. A. Visitation
11. Mother shall have visition over Christmas school holiday.....

12. Mother shall have visitation over entire Spring Break/ East holiday.....

13. Thanksgiving shall be alternated.....

14. The Mother shall have visitation during the summer break when the children are not attending school. .... The children shall return to the Father at least 7 days prior to the date that the children will return to school. ....

4. Logistics
B. Should any parent permanently relocated and increase the distance between parents to more than the current distance between the parties, parents agree to renegotiate the terms of this arrangement to allow for the greater distance involved. The parents agree to make any necessary adjustments in good fatih, using mediation,.....

As to visitation, yes, I have ensured that she has our son any time that his is not attending school other than weekends. So mainly, spring, summer and Christmas breaks, and typically I go beyond what the order requires and take him out of school for 2-4 days extra so he has extra time with mom.