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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 10372
Experience:  30 years experience corporate, litigation, international
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I live in AZ with my two children ages 5 and 9. I have sole

Customer Question

I live in AZ with my two children ages 5 and 9. I have sole custody. The father only has visitation right. I have just been laid off and have no family in AZ.
Can I move to California to live with Family now that I have no means of income in AZ?
Submitted: 7 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 7 years ago.
Is there any restriction on your movement in the divorce decree?
Customer: replied 7 years ago.
The dicvorce decree does have a restriction to stay in the same county, but that was when we had joint custody. Due to father's addictions,I now have sole custody as of about a year ago. Does that help? I am so frusterated with this. Thanks
Expert:  Richard - Bizlaw replied 7 years ago.

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.

Customer: replied 7 years ago.

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?

Thanks,

Expert:  Richard - Bizlaw replied 7 years ago.

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.

 

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.

Richard - Bizlaw and 6 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
OK, thanks! I am so glad I choose this website! You rock!
Expert:  Richard - Bizlaw replied 7 years ago.

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.

 

 

Customer: replied 7 years ago.

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.

Thanks

Expert:  Richard - Bizlaw replied 7 years ago.
Normally, holidays would stay the same regardless of the day on which they fall so no clarification should be needed. Depending on the distance you will be moving to you should also consider different visitation times that meet the practical concerns of both you and your ex.
Richard - Bizlaw and 6 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
OK, thanks.Your answers are so specific and I appreciate that. You have a customer for life!
Expert:  Richard - Bizlaw replied 7 years ago.
Thank you. You do not need to accept any more.

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