4 years ago. My ex and I filed divorce. We have an eight year old daughter together and since I was living in an apartment and didn't know where I was going to end up in life, we agreed he would have primary residents of our daughter. Since then my new husband and I have purchased a house together and my ex has moved 5 times since. He agreed he would stay in Gilbert Arizona so our daughter would go to a Gilbert school. Well now he is renting a house in east Mesa and my husband and I own in Ahwatukee Arizona. I feel that since I have a permeant residents. I should have primary residents now of our daughter so she can go to school by me. My ex will not agree to it. He is a good father and I don't want to change our custody agreement. Please help me. What can I Do?
I agree with what my colleague above has said, in that a Petition to Modify Child Custody and Parenting Time may be your best option (since you stated he will not agree to the change otherwise). The Court will take into account the child's best interest, and one of those factors will be the need for a permanent home and school. Based on what you have said, this could go a long way in helping you become the primary residential parent. You should contact a local attorney to help you with this issue, as modification proceedings can be very complicated and fact intensive.
If you want the court to change your daughter's primary residence, then you are asking for a modification of physical custody. If you want to make changes without going to court, you should consider mediation. If mediation doesn't work, then you should consider filing a modification of custody pursuant to ARS section 25-411. There are a number of factors, pursuant to statute, that the court will need to consider when making its decision, including what is in your daughter's best interest. You will also need to consult your local rules of court. This can be a complicated matter and you should consult with an attorney.
Ms. Rolfe is licensed to practice law in Arizona. This response is not legal advice and does not create an attorney/client relationship. This response is in the form of legal education and is intended to provide general information about the matter within the question. Often, the question does not include significant and important facts and timelines that, if known, could significantly change the reply. Ms. Rolfe strongly advises the questioner to confer with an attorney to make sure he or she gets all relevant information to make informed decisions about the subject matter.
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