My question involves a child custody case from the State of: AZ to SC
2015-Stipulated agreement father allowing mother (sole legal decision maker) to relocate from Az to SC (Arizona order). Father has parenting time; Summers and Christmas, flights paid equally. 2011 Mother was granted sole legal and physical custody due to fathers drug addiction during Family drug court. Relocation to SC was due to military orders and a reassignment base.
***Mother knew that she needed to be back in Arizona due to fathers slight relapse after drug court (proof from his family). Our Family had to spend a minimum of 2 yrs in SC to ask for reassignment back to Arizona*** Father was made aware of this situation on multiple occasions and seemed very happy. We felt we needed to keep everyone close.
Father and mother had great co-parenting relationship. Father and mothers husband worked on vehicles together, father came for Christmas's in Az, etc. (People would describe our situation as weird, but we did it for our child, nonetheless its been 10 years since the divorce).
Moreover, 2015 and 2016 mother and the husband kept father in the loop on the military orders situation and the status of them. Oct 2016, mother text father that orders were issued that they would be returning back to Arizona Summer 2017. Dad was very happy and said cant wait to have you all back.
60 days later, father says hes moving to Texas to pursue romantic relationship. Mind you the female I know. She helped alter his hair follicle document (long story).
Anyway, father says the reason for his move is that hes unhappy in Az, depressed, getting evicted from apartment, gave aware firearms, lost his job, and needs change. Mother suspects relapse due to extreme behaviors (text msg). Father didn't give notice to mother just left and never gave mother a chance to object to the parenting time to be relocated to another state or him to consider if it were in the best interest of the child. Father left with no job lined up and back child support of $2500. Fathers move was March 2017.
Dad feels his parenting time should take place in Texas now and asks mother why she feels she decides if the parenting time is only for Az. Mother disagrees due to 1) order not stating parenting time in Texas 2) suspicion of drug use and 3) disrupting child sport schedule. We are moving back to provide stability. However, mother has given father the opportunity to drug test by a certain date to rule in or out the use of narcotics, and go from there, father refused. Mom would have considered some sort of visitation agreement schedule however the subject of relapse is still a factor. How would mother ever bee able to tell if a full blown addiction is taking place when father is in another state? Both Mother and the father do not have any family in texas for child to go to if something happened to father.
Now the next issue: Child sports. Training begins Middle June and season ends March. This sport is a travel competitive and has been played for 9 years, child is now 12. Mother and husband has signed and solely paid for this sport. Father struggles financially.
So the question is, since Mother gave father in text 10/2016 coming back to Az, Dad leaves 3/2017, Mother relocates back 6/2017, what would be the next step especially considering there is a drug relapse in question and the father wanting to take him to another state without my approval? What are my rights having Sole Legal decision making? What are fathers rights not having custody or decision making, only a parenting time? Child begins his sport again a couple weeks after we get to Az. In our original divorce decree is does state that either party cannot relocate out of the Phoenix Metropolitan area without petitioning the court. I realize something has to be filed I just don't know what and my appointment with my attorney in Az. Looking for thoughts.....By the time I get to Arizona, father would have only been in the state of Tx for only 3 months.
Dad told child on phone that hes going to take him to Tx. Child says "I don't want to go I want to play my sport, your the one that left". Dads irate.
Am I in the right, am I in the wrong, am I properly advocating for my son, am I protecting him physically and emotionally???? I'm so confused.
2015-Stipulated agreement father allowing mother (sole legal decision maker) to relocate from Az to SC (Arizona order). Father has parenting time; Summers and Christmas, flights paid equally. 2011 Mother was granted sole legal and physical custody due to fathers drug addiction during Family drug court. Relocation to SC was due to military orders and a reassignment base.
***Mother knew that she needed to be back in Arizona due to fathers slight relapse after drug court (proof from his family). Our Family had to spend a minimum of 2 yrs in SC to ask for reassignment back to Arizona*** Father was made aware of this situation on multiple occasions and seemed very happy. We felt we needed to keep everyone close.
Father and mother had great co-parenting relationship. Father and mothers husband worked on vehicles together, father came for Christmas's in Az, etc. (People would describe our situation as weird, but we did it for our child, nonetheless its been 10 years since the divorce).
Moreover, 2015 and 2016 mother and the husband kept father in the loop on the military orders situation and the status of them. Oct 2016, mother text father that orders were issued that they would be returning back to Arizona Summer 2017. Dad was very happy and said cant wait to have you all back.
60 days later, father says hes moving to Texas to pursue romantic relationship. Mind you the female I know. She helped alter his hair follicle document (long story).
Anyway, father says the reason for his move is that hes unhappy in Az, depressed, getting evicted from apartment, gave aware firearms, lost his job, and needs change. Mother suspects relapse due to extreme behaviors (text msg). Father didn't give notice to mother just left and never gave mother a chance to object to the parenting time to be relocated to another state or him to consider if it were in the best interest of the child. Father left with no job lined up and back child support of $2500. Fathers move was March 2017.
Dad feels his parenting time should take place in Texas now and asks mother why she feels she decides if the parenting time is only for Az. Mother disagrees due to 1) order not stating parenting time in Texas 2) suspicion of drug use and 3) disrupting child sport schedule. We are moving back to provide stability. However, mother has given father the opportunity to drug test by a certain date to rule in or out the use of narcotics, and go from there, father refused. Mom would have considered some sort of visitation agreement schedule however the subject of relapse is still a factor. How would mother ever bee able to tell if a full blown addiction is taking place when father is in another state? Both Mother and the father do not have any family in texas for child to go to if something happened to father.
Now the next issue: Child sports. Training begins Middle June and season ends March. This sport is a travel competitive and has been played for 9 years, child is now 12. Mother and husband has signed and solely paid for this sport. Father struggles financially.
So the question is, since Mother gave father in text 10/2016 coming back to Az, Dad leaves 3/2017, Mother relocates back 6/2017, what would be the next step especially considering there is a drug relapse in question and the father wanting to take him to another state without my approval? What are my rights having Sole Legal decision making? What are fathers rights not having custody or decision making, only a parenting time? Child begins his sport again a couple weeks after we get to Az. In our original divorce decree is does state that either party cannot relocate out of the Phoenix Metropolitan area without petitioning the court. I realize something has to be filed I just don't know what and my appointment with my attorney in Az. Looking for thoughts.....By the time I get to Arizona, father would have only been in the state of Tx for only 3 months.
Dad told child on phone that hes going to take him to Tx. Child says "I don't want to go I want to play my sport, your the one that left". Dads irate.
Am I in the right, am I in the wrong, am I properly advocating for my son, am I protecting him physically and emotionally???? I'm so confused.
Re-Location Mom, Move Away Dad, Relocate Move Back Mom
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