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Move out of state?

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424Smudge

Member
What is the name of your state?Arizona

BRIEF OVERVIEW:
Husbands ex is remarried to a military man. We know (by her own admition) that they are trying to get orders to either Alaska or Guam. Mother was awarded sole custody in late 03 based on the fact that the (and this is in writing) Judge felt that she was more likely to work with Father and allow visitation. Father has no criminal record is slightly in arrears but nothing too serious it is just from a hospital stay where he didn't have an income for a bit. Father has always returned the children when he was supposed to and Judge ordered him visitation every other weekend and every school break. Father moved to Illionois in Jan of 05 and only had visitation every school break (the kids go to a year round school). Since July of 2004 Mother has denied Father roughly 153 days of visitation and not allowed the children to talk to him on the phone. In July of 05 she attempted to say that the children were terefied of their Father and that they did not wish to see him anymore. She filed emergency orders based on this and when the trial finally came around the children were ordered to a mediator.
The mediator determined that Mother was making up these things and that the children told him that they have been asking Mother to allow them to see their Father but that she is telling them that he doesn't want to see them and that her new husband is their dad now.
QUESTIONS:
Even with us living in Illinois now does Mother have to still petition the state of Arizona to take the children out of the state or can she just go?
We are moving back some time next year and I am wondering what you think our chances are of winning custody when we fight her move based on the fact that she has denied visitation to him so much over the past year and a half? We have records of this (police and we are in the process of getting a court date for contempt) and the mediator even submitted a record to the court that he didn't feel that she was assuming enough parental responsibility raising the children and her continued actions are sure to cause ireperable harm and alienate the children from their Father.
 


LdiJ

Senior Member
424Smudge said:
What is the name of your state?Arizona

BRIEF OVERVIEW:
Husbands ex is remarried to a military man. We know (by her own admition) that they are trying to get orders to either Alaska or Guam. Mother was awarded sole custody in late 03 based on the fact that the (and this is in writing) Judge felt that she was more likely to work with Father and allow visitation. Father has no criminal record is slightly in arrears but nothing too serious it is just from a hospital stay where he didn't have an income for a bit. Father has always returned the children when he was supposed to and Judge ordered him visitation every other weekend and every school break. Father moved to Illionois in Jan of 05 and only had visitation every school break (the kids go to a year round school). Since July of 2004 Mother has denied Father roughly 153 days of visitation and not allowed the children to talk to him on the phone. In July of 05 she attempted to say that the children were terefied of their Father and that they did not wish to see him anymore. She filed emergency orders based on this and when the trial finally came around the children were ordered to a mediator.
The mediator determined that Mother was making up these things and that the children told him that they have been asking Mother to allow them to see their Father but that she is telling them that he doesn't want to see them and that her new husband is their dad now.
QUESTIONS:
Even with us living in Illinois now does Mother have to still petition the state of Arizona to take the children out of the state or can she just go?
We are moving back some time next year and I am wondering what you think our chances are of winning custody when we fight her move based on the fact that she has denied visitation to him so much over the past year and a half? We have records of this (police and we are in the process of getting a court date for contempt) and the mediator even submitted a record to the court that he didn't feel that she was assuming enough parental responsibility raising the children and her continued actions are sure to cause ireperable harm and alienate the children from their Father.
As long as dad lives in IL then she can pretty much just "go". He basically gave up any option to keep her in AZ when he moved so far away.

As far as denying visitation is concerned, if he showed up to pick up the kids according to the court ordered schedule, and she denied him, (and he can prove it) then he has grounds for contempt....and possibly even grounds for a custody change based on contempt. However if any "denial" was due to her refusing to share expenses for visitation, forget it...it won't work.

Don't try to use her potential move because that isn't the issue since dad chose to move so far away.
 

424Smudge

Member
LdiJ said:
As long as dad lives in IL then she can pretty much just "go". He basically gave up any option to keep her in AZ when he moved so far away.

As far as denying visitation is concerned, if he showed up to pick up the kids according to the court ordered schedule, and she denied him, (and he can prove it) then he has grounds for contempt....and possibly even grounds for a custody change based on contempt. However if any "denial" was due to her refusing to share expenses for visitation, forget it...it won't work.

Don't try to use her potential move because that isn't the issue since dad chose to move so far away.
We are probably moving back to Arizona anyways because we are spending so much on flying back and forth to court every time she denies visitation. Her reasons for denying visitation varry from she just had a baby 2 weeks prior and couldn't make it to the airport with a newborn all the way to just not giving an excuse and not putting them on the plane. This has nothing to do with costs. He pays 100% of all transportation already and it costs her a tank of gas to get them to the airport.
 

LdiJ

Senior Member
424Smudge said:
We are probably moving back to Arizona anyways because we are spending so much on flying back and forth to court every time she denies visitation. Her reasons for denying visitation varry from she just had a baby 2 weeks prior and couldn't make it to the airport with a newborn all the way to just not giving an excuse and not putting them on the plane. This has nothing to do with costs. He pays 100% of all transportation already and it costs her a tank of gas to get them to the airport.
Well, if it takes a tank of gas for her to get to the airport, then the fact that she had just had a baby two weeks prior was probably valid. A tank of gas indicates a significant distance....as well as signficant expense....although I am sure that some of her other excuses probably aren't valid.

However, the point I am making is that unless you are living in Arizona at the time that she would move, you can't keep her or the kids there. You can't keep her in AZ if you aren't there...even if you are tentatively or definitely planning to move back some day. You may not be able to keep her and the kids there even if you do move back to AZ. Military moves tend to be granted more often than civilian moves.
 

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