Phoenix, AZ asked in Family Law for Arizona

Q: Regardless of legal decision-making does parents still have rights to protect their child from mental abuse

My ex has full legal decision-making of my children my ex is also mentally abusing my children by alienated them against me I want to protect my children well beings by having a say so in their upbringing by taking them to counseling so they can have a healthy life not full of anger so is there laws or procedures that I could enforce any Family Law Court that will protect my rights for my child's upbringing?

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: Parents should not disparage one another or attempt to interfere in the relationship between the children and the other parent. It definitely happens, but it should not.

The only way to "protect your children" would be to petition the Court for a modification of child custody and request an order allowing you to take the children to therapy. You would need to show either a significant passage of time or a substantial change in circumstances since the order was entered in order to have a fighting chance of success. If the reason your ex was given full legal custody has not changed, the Court is unlikely to give much weight to your input regarding the children's safety since it was apparently YOU who they needed to be protected from at the time the order was issued.

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