Full question:
My daughter will be 16 years of age January 2011. My divorce decree states that myself and my ex have joint legal custody of our daughter, and that I am the primary custodial parent in accordance with the parenting plan signed by both of us. At this time, my ex sees my daughter about every other weekend, since we live about 150 miles away from each other, and we do not adhere to the weekly access schedule due to the distance (this means that he lives in the county where the divorce decree was written, and I live in another county now). I receive child support from my ex. My divorce agreement requires that prior to her leaving the state that I contact my ex-husband for consultation. If I permanently leave the state without ex___s permission, and ex disagrees with me leaving the state without continued visitation rights of my daughter, a possible violation of said divorce agreement will occur and possible readdressing divorce agreement in court? Because of my daughter___s age does this agreement still hold validity or does she have the legal right, due to her age, to make her own decisions where and with whom she lives? Due to her age, can she decide her own time schedule in visiting her biological father? Can my wife, who has completed her EdD and is pursuing improved professional job opportunities proceed with out of state employment and thus taking our daughter with us without possible x husband___s disagreement or possible legal action? The parenting divorce plan also states that if major changes arise which makes this plan no longer feasible, the parents agree to renegotiate their plan with a conciliation services mediator (or family court adviser) prior to any changes taking place or any court actions being initiated. And, also states that neither parent shall deviate from the plan while this is being resolved.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Arizona
Answer:
A child can't modify a divorce order, only the court can. Unless the order contains provisions for her preferences at age 16, her age will not be relevant. The order will need to be complied with unless it is modified.
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
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