Move - away disputes generally arise where there is an already
existing child custody order and the custodial parent wants to relocate the child to another area.
When parents (whether married to one another or not) of minor children decide to end their relationship and separate or divorce, they usually end up
with child custody orders.
If less than two years have gone by, you will need to demonstrate to the court that your child would be somehow endangered by keeping the
current child custody order in effect.
I know this seems confusing, but the takeaway here is that to request a child custody modification, you must have a
valid child custody order in place.
We represent clients in seeking the modification of standing
child custody orders at a low cost and for a fixed fee.
However, if the parents are not married to each other, or are separated or divorced, the courts can divide up parental rights and responsibilities
through child custody orders.
The first step in dealing with child custody issues is the first
time child custody orders are established in a divorce, legal separation or paternity case.
No individual parent has the right to take the child out of town or out of the country without informing the other parent if it violates the
joint child custody order.
Whether the court has entered a permanent or
temporary child custody order, parents are legally obligated to comply with all orders a judge signs.
If a parent desires to alter the
current child custody order, that parent must prove that a modification of the current child custody plan serves the best interests of the child.
The law in Arizona (A.R.S. 25 - 411) allows a judge dismiss your request to
modify child custody orders if the court reads your petition and determines that you have not complied with the legal requirements set forth in the statute cited above.
Anyone attempting to establish, modify or
enforce child custody orders in Arizona should familiarize yourself with all of the child custody laws in Arizona.
So, we covered the best interest factors in Arizona Revised Statute Section 25 - 403 the court must consider determining
which child custody orders will be in the best interests of the children.
For example, if your children are U.S. citizens residing in the United States and you file for divorce while living abroad, the foreign court is not likely to issue orders regarding custody of the children, because it will not have jurisdiction (authority) to
make child custody orders over U.S. citizens living in the United States.
Obtaining child custody orders can be a very complex process because if the former spouses can not agree, they have to go before a judge and get a court order or have a mediation session.
The law applies to situations where one parent wants to move the residence of the child more than 50 miles away from where the child lived at the time of the existing
Florida child custody order.
Violation of Due Process Rights in an Arizona Child Custody Hearing The Arizona Court of Appeals in the Cruz v. Garcia case had to address whether Mother's Due Process rights were violated when a judge entered
final child custody orders granting Father sole legal decision - making and suspending Mother's parenting time at an initial hearing.
Child Custody Law Rule # 1: You have to outline all the changes that have occurred since the
last child custody order was entered.
Be prepared for the possibility that your
Canadian child custody order — though validly issued and fully enforceable in Canada — may not automatically be recognized in the country to which you are travelling.
The recent decision of Leiding v. Leiding 2016 BCSC 2567 went over what the Divorce Act and the Family Law Act have to say on the issue of variations of
child custody orders together with what Judges have developed for Varying Child Custody Parenting Arrangements.
When a parent takes their child against the terms of an
operating child custody order or agreement then their act may constitute child abduction.
Parents who
violate child custody orders are subject to certain penalties, including allowing for make - up times with children, paying the other parent's attorney fees needed to address such violations or even jail time or fines in extreme circumstances.
Only once the parties have come to a complete agreement will their attorneys file the appropriate paperwork to have a judge ratify their parenting plan and enter an
enforceable child custody order.
If you believe that your children may be at risk of parental abduction, consider adding these three provisions to your
Seattle child custody order.
This Our Family Wizard program is so popular that it is specifically being written
into child custody orders in family courts in almost every state.
The courts in recent years have relaxed some of the more stringent barricades to child custody modifications, but a permanent parenting plan or
other child custody order is intended to be permanent.
In cases involving unmarried parents, the requirement to initially attend mediation is not always enforced, with the juvenile court often times entering
basic child custody orders.
The exact procedures for
amending child custody orders vary from state to state, but typically involve preparing a written order, filing it with the court and attending a hearing on the merits of the changes.
You will need either a Petition for Custody form or a Motion to
Modify Child Custody order, depending on whether or not an order is currently in place.