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Don1188 · Apr 4, 2008, 08:06 AM

First I am in Arizona. The divorce was final on the 25th. This is tricky. My 7 year old came to me and stated his mom says she can only move 100 miles. This gives me the idea she is thinking about moving. We are under Yavapai Short distance Visitation Orders. Every other weekend and on Weds. I am perminantly disabled and cannot drive over 30 minutes and have a doctors letter stating such. After 11 trials and minute hearings she stated I was not his natural father. A DNA was ordered and proved such. DNA did not matter to me. I had no idea. We look alike and everything. And he calls me daddy and her by her first name as I raised him. And it did not matter to the judge either. His words and on the decree state that she wants to exclude me from contact with the child and rid him from her life. Based upon Arizona law and her conduct in bringing me into the child's life for such a long time, the Court will not permit that to happen and he stands in loco patentis.
On 6/13/07 the judge also ruled that she is not to move more than 50 miles. Yet this is not on the decree or anywhere except court transcripts. This was said because it was brought to the courts attention that she has hit him in the past. My attorney is no longer in business. And seeing how this just ended I cannot pay to obtain another attorney for advice and make a little too much for free legal. Is there a way to block this and have her remain here? Or any ideas?
And just so that everyone knows. I was the one who filed. I filed because she was never home and had a boyfriend along with a $1200 a month gambling habit. And a few months after I moved out she moved another boyfriend in with her. After I filed she hit him causing a bruise on his cheek. We went after emergency custody but because the grandmother the judge felt he would be safe. He was also hit again a few months later and my atty stated if we call in CPS it will look like harassment. She has been to his school twice maybethree times in two years. Yet I have been there over 50. This is because she is sending him to school with candy for lunch. Which brings up one other point. The decree states that because I am not his natural father there is no order for child support and no order for spousal support. But, I pay for his insurance and meals at the school (breakfast and lunch) because I do care.

George_1950 · Apr 4, 2008, 03:58 PM

You can start by getting the court reporter to give you a certified copy of the trial transcript and amend the decree of divorce.

Fr_Chuck · Apr 4, 2008, 05:38 PM

You will need to get a copy of the transcript of the proceedings and sorry but go back to court and get the decree admended.

And you may want to get an emergancy stay on it, since if she moves before you get it added back, it may be too late.

And there needs to be more men like you that know what being a father is all about, we get far too many here that only want to know how to get out of being a parent, they want to sign over rights, not pay child support and more. I hope it works out for you, you are proof what a father should be.