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What exactly are the rules about custody in AZ & CA???

Posted by on Oct. 16, 2017 at 2:31 PM
  • 2 Replies

I have a question I hope someone can help me with.  I'll try to keep it short... My husbands Ex is taking us back to court to get more money.  We have a custody and support agreement all ready.  Which neither of us have ever followed... We ended out moving out of state for my husbands job. (12 hours away driving)  And we get our son about once a month for a week or a weekend.  Its different now that he's in school.  Anyway... My in-laws and 3 sister in laws.. agreed to help us and take our son anytime his mom would ask.. and so it was our verbal agreements that, that time was part of our custody time and now she's saying no.  So my question is..... can my families time with our son count as "our" time?

by on Oct. 16, 2017 at 2:31 PM
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tottaxi
by Battle Weary on Oct. 16, 2017 at 9:17 PM

So your husband and his ex do have a custody agreement in place, but neither of them have followed it.  That it has not been followed won't really matter to the court.  A custody agreement always gives the minimum time for visitation and the parties involved can always change this if mutually agreed upon.

The main thing that I would be concerned with is that as NCP your husband was allowed to move without the court's permission, but usually with that great of a distance involved  a long distance schedule usually is necessary especially, as you said, the child is now in school.

Long distance visitation usually ends up with the ncp having less time during a normal month, but more time over school breaks and summer vacation to make up for the loss of time.  Third parties (your in-laws) are really not part of a parenting plan. I guess if your husband does not want the time with his son for himself he could always give that time himself to his parents, but it would not be written in to the court order.  Neither parent can dictate where the child spends the visitation time with the other parent.

Oliviasmom72
by Member on Oct. 18, 2017 at 12:38 PM
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I am in AZ. I am confused on who has custody it sounds like Mom does right? It sounds like Dad's family is taking some of Dad's visits correct? If Dad's family is taking the child that does count as Dad's time.

Dad needs to start documenting everything, all visits as well. I have no idea whether Mom will succeed in court or not.

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