Chandler, AZ asked in Family Law and Child Custody for Arizona

Q: Ex wife emails asking to go from 50/50 to 90/10 parenting time

I am a very involved dad and have been respectful to our kid's (12) mom and our legal agreement. For the last year our kid has been acting very differently with me almost sounding like her mom, but i attributed it to her age. Yesterday I got a surprise email from my ex wife recommending a parenting plan change from 50/50 to a 90/10 in her favor based on our daughter's wishes. Does she have a case for modification w/o any substantial change in circumstances? Also how do I legally stop my ex wife from brainwashing our child against me? Thank you.

Related Topics:
1 Lawyer Answer

A: First, a 12-year-old doesn't get to pick where she lives.

"Does she have a case for modification w/o any substantial change in circumstances? "

She has to show a material change of circumstances affecting the child's well-being to qualify for a modification. Whether she has a case depends on what she alleges.

"Also how do I legally stop my ex wife from brainwashing our child against me?"

There are orders you can ask the Court to adopt or enforce if they already exist, including restraining either parent from disparaging the other parent to the child, ordering the parents to attend high-conflict parenting classes or co-parenting counseling, asking for COBI or therapeutic interventionist to be appointed to assess the situation.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.