No it is not better for the younger one to be separated from his brother and no it is not better for hiim to stay with his mom. That is the old school saying mom or the female is the better parent for a kid.
I don't care what gender you are, if you provide the better environment, morally, etc then that is the best parent to be with the kid. It is just as devastating to take the little one from his father as it would be from his mother.
This ex of mine has no desire to really have the kids. It is about money and power/control over me that she desires to show her little bf how tough she is.
1. She presumed that because it was just under 100 miles that she got to decide that she can move them and I can't do anything about it. The judge told her and read from the divorce decree that we have Joint legal care and custody of the children in every way including matters pertaining to schooling, living arrangements etc.
2. She had known she was going to move for a very, very long time, but waited till 3 weeks before she was to move, hoping either I wouldn't do anything or wouldn't be able to do anything, that pissed the judge off and the judge told her she didn't like having this be an emergency hearing when it didn't need to be but was because of my ex's actions,
3. She didn't file a return on the summons for the hearing and didn't hire a lawyer till the day before the trial and then showed up almost too late. That didn't impress the judge.
4. She lied under oath about where my oldest wanted to stay and to what she had originally told me about what the oldest wanted to do. That was proven when my son repeated to the interviewer that he wants to stay here, etc which contradicts her sworn testimony. This was also born out by the fact that we were only filing to keep the younger one here because we were told the older one had already stated he wanted to stay. In fact my ex asked me if it was okay that he stayed with me. If we had been told differently we would have had both on the court filing. The ex denied having ever said he wanted to stay and that she had asked me if I wanted him. Stating that he wanted to go with her and didn't want to stay.
5. I was able to show that I have been deeply involved in their schooling, etc and that my ex refused to be involved always blaming it on her job. And when I told the judge that I have 3 years worth of email correspondence between myself and the teachers of both boys schools, the judge asked me if I had emailed them to her. I told the judge she didn't have email because she couldn't afford it and I offered to get the internet for her so she could receive emails from the teachers an send them emails, but she refused to let me pay for the internet. This also made difficult for the boys to do their homework when they were with her.
8. The interview itself where the oldest said he wants to stay here, the youngest didn't want to talk,but he did a little.
9. Reiterate, courts in AZ do not subscribe the outdated addage that the female is alwasy the better choice for a younger child and they most definitely do not like to separate sibling for any reason.
10. The lawyer told me that it appeared the judge was leaning towards us and that all my older one had to do was state he wants to stay here and that would pretty much seal the coffin lid. And the judge would then most likely order that both remain here until the final hearing in Oct. to decide where they will be permanently.
11. She had no proof that moving them over 70 mles away, taking them away from me and the equal time they shared with me, taking them from their friends, all of their family, 8 cousins, grandmother, grandfather, aunt, 2 uncles and plopping the in a hick school system was in their best interest. All she could do for over 30 minutes was to keep saying how she would be a 24/7 mom, join the pta, etc and keep accusing me of preventing them from having structure in their life, of being an unstable,unreliable employee. Essentially she had nothing.
That all being said, never count your chickens before they hatch. The judge most likely will rule they both remain here, but could order the older stays the younger goes, or they both go.
But it is hard to believe she will do anything other than order both stay based on the court proceedings and the interview.
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