Legal Question in Family Law in Arizona
I was originally divorced in April 2007. The minor children were to primarily live with mother with both parents having joint custody. RE: vacation it states "Father is entitled to have minor children during his vacation time, during the minor children's summer break." September 29th 2008 a new order was enacted where the children primarily reside with the father. I (the father) would like to take the children to visit their grandparents in MA in October. However, the context of the parenting plan drawn up when the children lived primarily with their mother limits vacation time to the summer months. Can I simply file a motion with the court to eliminate this restriction?
2 Answers from Attorneys
It's not as easy as just filing a motion. First of all, look to your parenting plan and see if it requires mediation. Regardless, you likely want to do that first and see if you can resolve it. Otherwise, you would file a Petition to modify vacation terms. Regularly vacation is taken only during the summer because of school. Other vacation might be taken during winter, fall or spring breaks which are also typically addressed in the plan.
Dear Dad: Look over all the court documents, including the current order changing primary custody to father. Does anything in the current order set out when mother has visitation? If yes, then the previous order has been modified/changed and you don't have to go back to court. If this change is not clear, and you are getting along with mother, you could get a signed agreement from her allowing the visitation you are interested in. By the way, is there any restriction in the agreement about you taking the children out-of-state? Is the time you are set to visit with family during the time you would normally have custody? It might be worth the time and expense to have an attorney look over the paperwork in the case. I know you live in the Phoenix area, so you should try to find someone in Maricopa County. Good Luck,