Court Order not clear????

[dad in az]

Hi Socrateaser:

I haven't posted here in awhile. DH received final court order re" custody and visitation.
The petition DH filed states: "Petitioner believes that is in the best interest of Yamilet that he assume legal and physical custody of her"

Court Order says in re: to custody "Based upon the information outlined above and as more fully explored during trial, the Court concludes that there is insufficient information to determine that it is in the best interest of YSD  to award custody to her father. Therefore, YSD will remain in her mother's custody. As for OSD, it clearly is in her best interest to remain in her father's custody. Therefore, the decree is so modified"
Each school is interpreting this different, OSD school says they have "joint legal, YSD schools says BM has sole custody. As we understood it we thought they each has Sole custody of each kid

1. Does this mean DH has sole custody, joint legal?
.
2.How can we clarify this with the schools?

Thank You
dad in az

[socrateaser]

>1. Does this mean DH has sole custody, joint legal?

If prior orders had children held in joint LEGAL custody, then those orders remain in force, except as they are expressly modified by subsequent orders. It appears that the latest order only modifies physical custody, not legal, therefore if the mother had sole legal of OSD prior to now, then father has obtained a completely uncertain legal custody, as it is impossible to have sole physical and no legal custody, so you need to get a clarification order from the court on this issue.

If parents had joint legal of OSD prior, then they still have joint legal.

>2.How can we clarify this with the schools?

If you interpret all of the above and find that the school is in error, then you can tell the school that unless they accept your interpretation, that you will ask them to appear and be found in contempt by the court for acting as the mother's agent in frustrating your custodial rights. Or you can just ask for a clarification order from the court.

If you take the school to court and win, you will probably get attorney fees from the school, if you lose, you will probably pay the school's fees.

[dad in az]

Socrateaser:
Thank You for your response. When BM had custody she had "care, custody and control of their minor children"

1. Should i contact our attorney and have him do it or can i do it myself (clarification or orders).

Thanks
dad in az

[socrateaser]

>1. Should i contact our attorney and have him do it or can i
>do it myself (clarification or orders).
>

I can't advise you as to whether or not you can persue this yourself. You are filing a motion that basically asks (I don't know if AZ has court-required form filings, but if not then the following will work):

IN THE _________ COURT FOR THE COUNTY OF ________
STATE OF ARIZONA

PETITIONERSNAME,
Petitioner

and

RESPONDENTSNAME
Respondent

Case No.


Motion for Order Clarifying Custodial Rights re Minor Child(ren)

(Petitioner/Respondent), YOURNAME, pro se, hereby appears and moves for an order clarifying the current status of the parties' physical and legal custody rights re their minor children, on grounds that the current orders of the court are causing the parties' difficulty in exercising said custodial rights (see Exhibit #1, attached -- current custody orders).

In support of this motion, I, YOURNAME, after first being duly sworn, do hereby depose and say:

1. (state the various facts to show the specific problem that you are having and attach and reference any supporting documentation as numbered  exhibits (Exhibit #2, etc.))

2. etc.

3. For all of the foregoing reasons, I request that the court order the parties' custodial rights be clarified as follows:

A. That Petitioner and Respondent be awarded joint legal custody of their minor children, MINORCHILD1 and MINORCHILD2

B. That Petitioner be awarded sole physical custody of MINORCHILD1

C. That Respondent be awarded sole physical custody of MINORCHILD2.

D. That all other prior orders of the court should remain in full force and effect.

E. That the above-requested orders are not intended to alter the current parenting rights or obligations of the parties', as ordered by the court, but are only intended to assist third-parties in determining their legal duties with regard to the parties' and their minor children.

By: _________________
YOURNAME
(Petitioner/Respondent) Pro Se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn to before me, this _____ day of _____, 2004


By: __________________
NOTARY PUBLIC
My commission expires ____________.

[dad in az]

Thank you!

[socrateaser]

Apparently this new BBS system treats brackets as having some special significance...as a result, a number of things were left blank in my previous post. I have edited it, so re-read it.