Out of state vistation modification/clarification of rights/back child support

[raelae]

My divorce decree was filed June 23, 2008. At the time both myself and ex-wife were Nevada residents. The divorce grants joint legal custody of our two children with my ex-wife awarded primary physical custody. Due to our schedules/circumstances at the time of the divorce, my vistation was specified from 8am Mondays to 6am Wednesdays, off numbered years vistation for Thanksgiving from 8am to 10pm and Christmas day from 12am to 10pm. These stipulations have not been following in the years following as work schedules, etc... have changed. I have had full custody of both children for as long as a year and every weekend, school break, etc.... over the past 3 or so years. In July, 2011, me and my fiance relocated to Phoenix, AZ. We brought the children with us for the summer as well as their Christmas break. Since than, my ex has refused to allow me to have my children on their breaks (the last one was spring break) and most recently is refusing to allow me to have them for their summer breaks. She will allow me to see them if I drive to Las Vegas but will not cooperate in coordinating time for them to visit our home on their extended breaks from school even when we offer to pay all travel expenses to pick them up and return them. She has also reported me for back child support for time she did not have physical care of custody of them which is now being additionally withheld from my pay. I would really appreciate guidance and help in what steps I need to take to either modify the original visitation stipulations or exercise my rights in having joint custody of them. I would also be thankful for clarification as to resolving misreported back child support as well as if I am required to pay child support for the months that I have the children and are not in her care.

Thanks greatly!
Raelae

[MixedBag]

sounds like you two (Mom and Dad) created a confusing situation -- because you only have the original decree but that's not what you two ended up doing.

And when it changed, you didn't go back to court to get new orders to reflect what was really going on.

SO....what I would do and recommend is to file a "long distance" parenting plan with the court to reflect your current situation.

I'd also start gathering PROOF of when you had the children living with you so that her request for back child support will be denied because neither one of you followed the order.

And be ready for a butt chewing from the Judge -- sure you two were trying to work things out amicably....but today, since the ugly butt raised it's ugly head, it's really a mess.

You might even want to ask for Child Support during the periods of time the child lived with you.....and that might get her to back off her claim.

Oh yea....if you moved....be ready to pay for transportation.  BUT get it in writing that she has to cooperate and take the child to the airport (in Vegas).