Phoenix, AZ asked in Child Custody, Divorce and Family Law for Arizona

Q: My ex keeps brainwashing our child, convincing her that she is afraid of me and my parents. Is there any legal recorse?

My daughter is very happy when she is with me and/or my parents. Then I get phone calls from my ex (when our daughter is over there) telling me the kid is upset with me and doesn't want to go back to me when it is my time. She has our kid sit there listening and continually says to her, "right? Isn't that how you feel?" Then when the kid says anything contrary to the message, my ex says we'll that is what you told me before.

2 Lawyer Answers
Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: Parents should never involve children in their adult matters, including issues such as parenting time. If you have a parenting plan through the Court, there should be language stating something to that effect. If there is no such language, I recommend speaking with an experienced family law attorney to modify the parenting plan to include this language, so that in the event it continues, you can ask the Court to find your ex in Contempt of Court and sanction him, including loss of parenting time, classes regarding children and divorce and an award of your attorney fees and costs.

Stephen M Vincent
Stephen M Vincent
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I agree with Ms. Sirlin. Check your Parenting Plan, and if there's a non-disparagement clause (i.e., don't say anything negative about the other parent) or a clause about not discussing the case with the minor child, you should enforce.

I'd recommend consulting with an attorney as well to discuss if additional parameters on your ex's time with the child can be requested because her actions are completely out of line

1 user found this answer helpful

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