Ok, My Ex boyfriend and i have a 5 year old together. Last year we went through a custody battle. Now in the state of arizona i automatically had custody prior to the courts ruling that because we were never married. He has known for the last 3 years of my intention to move to Oklahoma with my now Fiance'. Even during the court trial he stated that he was fine with me moving to oklahoma. Now all of a sudden today i told him my move was imminent. As required by arizona state law i gave him 60 days notice. Now he thinks he all of a sudden has a problem with me leaving the state even though he told the judge that he had no problems with it. Now since i have soul custody can he actually appeal my move and keep me from leaving? As i would not actually be interferring in his custody only his visitation which i will gladly work out with him before the move and have it on file at the courts. The A.R.S. did not state weather his appeal could only apply to joint custody scenario's so......
2007-07-29 15:59:27 · 5 answers · asked by Sebring6969 2 in Family & Relationships ➔ Family
I don't know weather he can actually stop the move or or not. I am under the assumption that since he has no custody he can't actually stop the move but only apply for new visitation schedule. Please help if you can. People with experience especially and sources...thank you very much. if i have left out details i will add them later to help you
2007-07-29 16:00:21 · update #1
OMG Britnie i didn't ask for your opinion on the choices i made in my life. We all make mistakes and to respond properly Why should i not be seeing someone else? My daughters father is marrying another girl next month. should i stay at home and wallow in self pity the rest of my life while he moves on with his??? Grow up. I imagine you must be a young child in the middle of an ugly divorce. so don't comment on something you know nothing about.
2007-07-29 16:15:20 · update #2
In Alaska, where I live, yes, he can cause a big delay in your move. Since you have sole custody you may end up having to bear the transportation costs for visitation, but you more than likely will be able to move. This is IF he gets this into court before you leave. After you leave, it will be much harder for the Arizona courts to interfere and most likely he will not have much luck with it. He most likely will get a new visitation schedule, which, of course, is only fair.
The law is different in each state so it is really hard to give any advice unless you get an answer from Arizona. I would pay for a consultation with a lawyer before you leave so you have copies of everything with one lawyer and you can call if you need to. It will be well worth the money.
2007-07-29 16:06:39 · answer #1 · answered by Patti C 7 · 0⤊ 0⤋
Does he see your child on a regular basis now? Regular visitation?
If so, why in the world would you consider moving so far away. That's selfish on your part. Really selfish. You picked this guy to be the father of you child.
Give your child the ability to know and grow up around his/her dad. You shouldn't even be seeing some new guy right now and be engaged. How much drama does your kid need???
2007-07-29 16:05:49 · answer #2 · answered by Britnie G 1 · 0⤊ 2⤋
Call an family lawyer my friend met with her for free and even offered to do her case pro bono you may be able to find one in your area that's willing to do the same
2007-07-29 16:05:00 · answer #3 · answered by heller 3 · 0⤊ 0⤋
Just call family court in Arizona and ask someone there.
2007-07-29 16:04:42 · answer #4 · answered by RedWolf7374 3 · 0⤊ 0⤋
I'm not sure, but it's his child also. My parents are divorced and it would kill me if I could't see my dad.
2007-07-29 16:17:28 · answer #5 · answered by ? 2 · 0⤊ 0⤋