If that restriction has been removed, then you can leave. If the restriction is still in place, you will need to make an application to the court to avoid putting yourself in the position of violating the court order. Since, i assume you ex husband is not in a position to provide necessary financial assistance, I do not see the court prohibiting such a move given the circumstances.
This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Ok, so just to clarify, if the divorce decree states that we have to reside in the same county in AZ, regardless of the change in custody since then , I have to apply to remove that restriction based on current conditions?
Yes, Unfortunately you or your attorney should have modified that provision at the time the custody change was made since the restriction was based on the joint custody. If you are planning to leave soon, you can bring the motion to modify by an order to show cause which will expedite the motion process.
I am glad I could be of help. Good luck and if in the future you have any questions, just ask for me. Thank you for accepting the answer.
The divorce decree also states certain Holidays that each parent is assigned based on the calender year.That was when we had sole custody.
Now the father has every Thursday night and every other weekend only. What if a holiday falls on a monday that is supposed to be his when we had joint custody? Does he get it or is he out of luck unless it falls on his specified holiday time and vis versa for me? I need to know if I need to ask for clarification here as well because he is making things even more difficult.
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