What is the typical visitation situation when a father moves out of state for career reasons and the mother has custody?

UPDATED: Mar 29, 2012

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What is the typical visitation situation when a father moves out of state for career reasons and the mother has custody?

My daughter’s father has taken it upon himself to pick up my daughter from school without discussing with me. I have to change my plans to figure out where he is at the time I get off work. He moved out of state for a career choice which makes things more complicated. He has threatened to get a lawyer and hurt me as much as he can financially if I try to take him to court. I cannot afford a lawyer. What can I do?

Asked on March 29, 2012 under Family Law, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Maybe you can afford to see legal aid?  Or go and speak with your local Bar Association and see if they have a volunteer lawyers service or "pro bono" program?  If you can not agree on how you are to behave when it comes to your child then you need to ask the court for help.  And the key here is that you can agree. There is no right or wrong or typical visitation if you agree.  If he is violating the agreement and the court order then you need to file a motion for contempt.  He will file a motion to modify the agreement. The financial portion has nothing to do with the custody and visitation.  Modification of the financial side would be a "change in circumstanes." He should with out a doubt not take your child with out your being advised.  It is hard to understand how he can pick her up after he has moved out of state.  So I think you should try and find a legal help service here to discuss things fully.  Good luck.    

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