Legal Question in Family Law in Arizona

I am a father who is the custodial parent to a boy 15 and a girl who will be 13 very soon. I relocated to Arizona with the kids in 2011. Their mother still lives in California. We have a visitation order set by the court. We meet at a service station 208 miles from my home, 183 miles from her home, so we both spend a significant amount of time driving. The average trip to drop off the kids and get back home takes about 9 hours with all the needed stops. When it is a long weekend we make the 9 hour trip to drop them off and 3 days later make it again to pick them up. The kids hate it, many times it costs me vacation days I would rather use to do something enjoyable with my kids, not to mention the price of gas and wear and tear on the car. Now that the kids are older I would like for them to start flying. I have checked everything out and it would cost almost the same as what I pay for gas and food on the road when I drive them and may even save their mother some money as gas prices are higher in California than Arizona. Plus they wouldn't have to spend 9 hours in the car, it would be a total of 5 hours travel time, including the drive from the airport. Our court order allows for them to fly. When I talked to their mother about it in front of her boyfriend and mother she was all agreeable. Once I called her to give her information and dates she is now refusing saying it will cost her too much. That's ridiculous and untrue, she would also be saving time and money. I don't know what to do, the court order says they can fly but that both parties have to agree. I don't want to spend the next 3 years driving 800 miles every month because their mother refuses to be reasonable. I don't know if it matters but California has jurisdiction of our case.


Asked on 4/10/13, 9:36 am

1 Answer from Attorneys
Carlie Owsley Walker The Owsley Law Firm, PLLC

I believe your request is more than reasonable, and in my opinion you have a very good chance of having it granted. Check your decree to ensure whether you must first mediate before filing to modify the terms of the Order. If you don't have to mediate first, then filing a petition to modify this term of the order is your next step. We offer free consultations should you have further questions or concerns.

Best,

Carlie Owsley Walker

623-748-8973

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Answered on 4/11/13, 6:11 am


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