I have sole custody of my 6 year old with full decision making rights. Also, I have her more throughout each week (mother has her 76 hours, I have her 92 hours per week.) Two things. My job is relocating me from Phoenix to Denver within a month and a half. I have advised her mother and attempted to come to a parenting time agreement but was unsuccessful. I went to court, filed post decree temporary modification without notice because of the time sensitivity and the judge denied to see me case. I also filed to modify what we have but was denied because both mother and I failed to attend the high conflict parenting class. I am truly concerned for my daughter and could not leave her behind. What can I do to get this modified?? I am hoping that I could have her during the school year and her mother having her during summer breaks. Lastly, I do not understand why I am paying child support when i have her more of the time. I look at it as long as it helps her I am happy but then enables her mother and boyfriend to not work. Plus, I believe they are receiving state assistance illegally for my daughter! Please help
Thank you for the questions and comments. Clearly, this is a very challenging dilemma for you. It reads like you have taken some of the correct steps but more should be done.
First off, a few tips. It is normally quite the challenge to get a Maricopa County Superior Court judge to approve the parenting time of that amount in another state. One of the reasons why this is true is because the Superior Court could lose jurisdiction of the child if the child resides in another state for such a lengthy period of time and therefore your ex could end up fighting in a family law court in another state. In addition, courts are often hesitant to order such a dramatic change in the child's life. Yes, it is possible but be ready for a challenge.
As far as the amount of child support you pay, we would need to measure the parenting time each month / year precisely. In addition, we need to look at your and your ex's incomes. Right now, without precise data it is almost impossible to say.
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Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney. Scott is an active practitioner of FAMILY, CRIMINAL, CIVIL and bankruptcy law.
You need to follow the relocation procedure outlined in A.R.S. 25-408. Unfortunately it isn't as simple as modification. Relocations are perhaps the most difficult cases in family law. This is because there is a very strong predisposition against relocation among Arizona judges. In fact, a very experienced judge just recently informed an opposing counsel that he's granted exactly five relocations out of the hundreds he's presided over during his time on the bench. You should consult with a family lawyer immediately, preferably one whose practice emphasizes litigation.
As for child support, it's a standardized formula that factors more than just parenting time. It's likely that you earn more money than the other parent or the other parent was credited with certain qualified expenses (health insurance, daycare) that affected child support.
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