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Can non-custodial parent make custodial parent pay and send 7 and 9 yr. old to him from AZ to WA?
Anonymous11 views1 answers
I have been divorced for 5 yrs and am the sole custodian. At that time I was in WA and Father had moved to MT. Now I live in AZ ( he didn't dispute my move from WA to AZ 2 1/2 yrs ago...he still lived in MT at the time. Now. He has since moved back to WA, which is where we got divorced. He now thinks I should have to pay to fly my 7 and 9 year old by themselves to go see him since I now live in AZ. Our parenting plan was based on him being out of state so it states that while he is out of state he is to financially be responsible for getting the kids to and from him for visitation. That is not my responsibility now is it? Also, he has barely talked or seen the kids in the last 5 years, is divorced for the 2nd time and I currently don't know where he lives in WA...I don't have address.
Just because the state that you live in is different than the state you lived in at the time of the divorce and original parenting agreement does not mean it suddenly does not apply any more. It seems he thinks that somehow he has more "pull" now that he is back in Washington state, since that is the "home state" for purposes of determining jurisdiction in your family court matter since that is where the divorce took place and child custody was initially established. Moreover, how exactly are you supposed to get the kids to the right place if he won't tell you where he lives?
Stick to your guns on this one; if he doesn't like it, he can go to court to try to "enforce" the court order or, in all reality, possibly get it changed. Barring that, you could also seek to have his parental rights terminated. In Arizona you only need six months of abandonment (lack of financial support and/or effort to see or communicate with the kids) to file for termination. Please see my free legal guide right here on .com for more information on going that route.
Either way, best of luck to you!
