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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I just filed a petition to modify a current

Customer Question

I just filed a petition to modify a current parenting/custody plan for the state of AZ. I have a 12 yr old son, that has been resideing in the state of AZ since June 2013. Before that he was with me in the State of Florida. He went to visit his Dad for the summer, towards the end of the summer he asked if I would consider moving out there. I gave it some thought and decided to give it a shot. However, when I flew out there in Sept of 2013 stayed for a week and i did not have any success in finding a home. I was able to line up work, but not a home. My ex wanted me to just come out there anyway. However, I did not think that was a smart idea, so I decided to stay in Florida. I had my son stay there that way he didn’t have to deal with the move and driving across country with me in a UHaul. It was agreed that he would return to me at the end of the summer. However, he liked and I agreed for him to stay for another year. During that time, I had a hard time with my ex sending him to visit with me. In February my ex called me and he said he was moving back to Florida cause there was more job opportunity for him her. He is currently married in AZ with to his 4th wife. Come to find out he left her to move back here to get back with wife number 3. We changed the parenting plan with me having 51%, put 50/50 share parenting, but him having primary resident in Palm Harbor due to school. On may 18th was my week to have him. I was texting to find out how the exchange was going to take place. He said he wanted to spend time with Kolton before he dropped him off to me. On the 19th of May I texted again to find out about the exchange. Never heard from him till about 6pm on the 19th of May and it was my son calling from his Dads phone saying they were back in AZ. My son is now here with me in Florida and my ex is expecting my son back before school. However, I don’t want to send him back to AZ. My ex is back with wife number 4. I just feel that it is an unstable environment with my ex being wishy washy about things. I don’t know what my right are. I tried doing a modification to the current parenting plan, but it was dismissed due to Article 325-411A, from what I looked up. It says it can’t be changed for 6 months - 1 year of the current plan, unless there is reason to believe that my son may be in harm. I’m confused of what my rights are. I don’t have thousands of dollars to spend on an attorney, as I’m just getting my business up and running, and starting my Real Estate class on August 1st.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

i am sorry to hear about this situation. You state "I don't know what my rights are." I am not sure what you mean. What are you asking? For example:

-Does the child's preference count towards the decision?

-How is child custody modification decided (what factors)?

-Can I get temporary orders into place while the case is pending?

Etc. In other words, what specifically can I answer for you?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!