Hi again all - my attorney is now working on the response to the petition for modification. I wanted to see if any of these reasons in her petition are significant enough to warrant a change of custody. It seem like it is pretty tough to change custody based on reading other posts. She filed this document pro se.
Her reasons why the order should be changed are:
1) Father relocated the children to California in July 2004 in violation of the court order and ARS 25-408 (B)(1)(2)(C)(D)
- I'm not terribly worried about this one, since that same statute allows 30 days to contest the relocation. I think 4 years later is too late, as do some of the posters in this thread.
2) Before end of 2007 school year, father relocated to Colorado with son without notice to mother.
- This is incorrect. Notice was given, and my son was with her during Christmas break and told her we would be moving. Besides, I think once the status quo is established outside of the state, it doesn't matter as much regarding future relocations - but please correct me if I'm wrong. Note: I did NOT provide WRITTEN notice.
3) Due to the young age of the children it has become apparent the best interests and welfare of the children are not being served with the children being separated. The children miss each other terribly;
- Can you use words like terribly in a court document? Anyway - I would prefer to have both children come and live with me. Son has been with me for 4 years, daughter has been with me for 2 of the last 4. And probably more importantly - the CO still says I have primary custody of BOTH CHILDREN.
4) Minor child, (son), does not and will not have adult supervision after school hours as step-mother and father work;
- Not true, step-mother is home at 12pm most days, 3pm on 1 day a week. I'm home at 5pm, and we also have 15 yrs ld and 14 yrs step-sisters that are home around 3-4pm.
5) Biological mother (that's what she wrote, not me!) has recently graduated from a massage school and will be able to arrange work schedule to be home with children after school.
- Okay, can't argue with that, but not sure if it is significant enough to warrant change of custody.
6) Both children are enrolled in school in Arizona. It would be a disruption to remove son out of school and place him in another school in Colorado and he would have to adjust to new curriculum and testing routine. The constant moving routine of the father is not in the best interest of the child. Child feels that this decision takes all of his control away. It is hard for him to cope with all these moves. His father has moved three times since divorce and I feel that this interruption will affect child for the rest of his life, if some stability in his home life does not change.
- First off - I have only moved once since divorce was finalized. Second - he was enrolled by mom against the CO! Is this a reasonable item? To me is seems almost silly as she is saying I move too much, so what she did to fix that was enroll him in another school! Hopefully at my Sept 16th hearing, the judge will order son returned to me and this point will not be a problem. But again, if I should be worried about this one, please let me know.
7) Child has asthma as does mother. Mother is more capable of handling any health issues should they arise.
- I'm pretty sure this is useless. First - son hasn't shown symptoms of asthma for two years. Second, mother has severe asthma and has landed in the hospital multiple days before. Is she trying to say I'm not capable of taking my son to the doctor?
8) This is not an attempt on part of mother to force child support payment for the children; that her sole interest is for the children to stay together in Arizona, with the mother where they will be nutured and care for in a loving environment.
- Okay, not sure how this affects custody decision.
There you go - any comments would be appreciated!
