Q: Modifying current custody/visitation schedule
My divorce was finalized in March and I am starting to have problems with the ex in regards to parenting issues. We both agree that the schedule we have is too much for her and he agreed to letting her live with me more full time he says he only will if he gets something in return...his last name. He has even said he will give me sole custody and $350 for child support in return or hes going to try for sole custody. And now its getting to the point anytime i ask him to take her on vacation or things like that he says he has to get something in return for letting her go on one of his days...his name. I also offer to let him have her on one of my days but never will accept that. He is frequently giving up his days because things come up and hes never had her more than 10 days in 2.5 years. I am just wondering if we did try and modify what would be the chances i would get granted more custody?
A: In order to change the parenting schedule, you need to do it in accordance with A.R.S. Section 25-411. Under this statute, if a parent is not complying with the current order in place, you may request a modification of six months after the current order is entered other wise you need to wait a year after the current order. In order to increase your parenting time and decrease the father's parenting time, the types of evidence you would need to present would be calendar with your notes showing that the time is too much for him, any text messages between you and the Father showing that the current schedule isn't working, any school or health issues that show that the current schedule is adversely affecting the child, any medical or school records showing the same thing, etc. Whether or not his time would be decreased and yours would be increased would depend upon the evidence you present at a hearing (if granted) showing that the schedule is not working.
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