custody rights beyond divorce decree

[freroy9]

What is the name of your state?arizona
I (father) have joint custody of both kids (14 and 18), i am custodial, kids stay with me, but ex-wife gets kids every other weekend and she is also required to pay child support. , my question is, does my ex lose all custody/visitation rights since she has failed to pay me child support for several years.and does that mean that i can take kids out of state(move) without her consent( per the decree, i have to have mutual agreement to leave county/state. )

 

[beenthere30]

No she does not loose custody/visitation. Support is completly seperate. And yes you have to follow your court order which states you have to mutually agree that you can move. Unless of course you can get the courts to give you permission which is difficult if bm does not want you to move. Sorry my ex hasnt paid in 6 years and is over 50k behind and he still gets to see his kids. Which I am happy for though since my children love their father. Money is just a material thing the love and time with a parent is much more precious

 

[LdiJ]

What is the name of your state?arizona
I (father) have joint custody of both kids (14 and 18), i am custodial, kids stay with me, but ex-wife gets kids every other weekend and she is also required to pay child support. , my question is, does my ex lose all custody/visitation rights since she has failed to pay me child support for several years.and does that mean that i can take kids out of state(move) without her consent( per the decree, i have to have mutual agreement to leave county/state. )

I agree with the other response that you recieved. Visitation/custody and child support are separate legal matters. A judge will never take visitation/custody away from a parent due to non-payment of child support.

However....your case is not hopeless as far as being able to move. Your 18 year old is now free of the courts and would automatically be able to choose whether to go with you or say with his/her mother. The 14 year old is also old enough that his/her wishes regarding custody would have a great deal of weight it court. Therefore, if both kids WANT to move with you, there is a decent chance that the courts would give you permission to move, even against mom's will.

However if the kids DON'T want to move, the 18 year old definitely does not have to move...and again, its likely that a judge would give the 14 year old's wishes a great deal of weight.