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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My ex and I share 50/50 joint legal and physical custody and

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My ex and I share 50/50 joint legal and physical custody and changed our childrens school what can I do
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. What state has jurisdiction
2. What does your parenting plan state regarding school
3. What does your parenting plan state regarding major decisions


Thanks!
Customer: replied 3 years ago.

Arizona is the state all major decisions are joint 50/50 it does not say anything specific


 

Thank you for your reply.

Since the court order requires that major decisions are joint and you were not consulted regarding the change of schools, your ex has violated the court order. You may consider bringing a contempt action to compel your ex to adhere to the order and return your children to the prior school.

Generally speaking, when someone violates the court orders the person is considered to be in contempt of court. To enforce your rights you will need to file a motion for contempt (may also be called an motion to show cause). In that motion you indicate what the orders are and how she has violated them.

You can typically pick the forms up at the clerk of the court's office and file them yourself.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 3 years ago.

How long does this process usually take? Also my ex told my children to lie to me if I asked them and if I didn't ask then not to say anything.. He was also just convicted of domestic abuse against my father will this give me any grounds to seek full custody?

Hello Jennifer,

Yes these are grounds to file a petition for full custody. The domestic abuse conviction and factors regarding the violation of the court order would typically be sufficient for you to obtain emergency full custody.

My best suggestion is that you immediately retain local counsel to file an emergency petition for full legal and physical custody. If you do this on an emergency basis, you would likely be able to immediately be heard by the court.
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