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.

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

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.

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