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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36241
Experience:  Attorney with 16 years experience
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I have a daughter in law soon to be who has joint custody

Customer Question

Hello, My name is ***** ***** have a daughter in law soon to be who has joint custody with her ex-husband in Arizona. My son took a job in las vegas and they are wanting to relocate out here and modify the current visitation she shares with her ex-husband. She has already tried to explain to her ex-husband that she wants to work a new visitation schedule that would benefit their daughter she has been yelled and screamed and told there is no way he will work with her on this what is the next step and can this be done
Submitted: 7 months ago.
Category: Family Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


If the ex won't work with her voluntarily, the she will have to file a formal motion to modify the custody order with the judge who put it in place. She would argue that the child would have more advantages and better opportunities if the move was sanctioned by the court. In any court ordered visitation agreement there is a clause that states that neither parent can take the child out of state without either the other parent's or the court's approval.


So her only recourse is to file the motion to amend the order so that the move could take place. Then it is up to the judge to make any final determination. But as part of that motion she should have a plan as to how exchanges would take place, how they would be facilitated, who meets who where, etc. If she has a skeleton plan for how to make this easy to facilitate, then the judge is much more likely to follow her plan.





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