Legal Question in Family Law in Arizona

My divorce was finalized on Jan 6th in the State of Arizona where we currently reside. My ex-husband and I have two children together. We have 50/50 custody, week on week off parenting plan (Monday-Monday) An 11 year old & a 2 year old, which we have an in home nanny for the care of both. Back in July when I left his home we verbally agreed that the nanny would continue to come to his home to watch the boys as I staying at my moms wasn't going to be an option for the nanny to care for both children. I have just moved into a home with my boyfriend this past weekend ( have been telling my ex husband since December I was moving). My nanny would like to watch our children at my home on my weeks and my ex husbands home on his weeks, she is hoping that it will help my 2 year old adjust a little better by not being at his dads on my weeks because it is a tad confusing for him at his age. However, my ex husband is being very adamant that our children will continue to be watched at his home even on my weeks. I want them watched at my home. All it says on our divorce decree is " Both parties must agree on childcare of both children" What are my rights? Can I have them watched at my home on my weeks by the same person he uses for his weeks at his home? Or do I need to go back to court? I would assume that since we agree on WHO is watching the children I wouldn't be violating anything in the parenting plan, but I want to make sure.


Asked on 1/18/16, 9:39 am

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

There are two issues at play here: legal decision-making and parenting time. It sounds as if you have joint (shared) both. If the two of you can't agree on something affecting the children such as child care arrangements, then you would need to go back to court to get the judge to decide. Sometimes divorce decrees have a mandatory mediation clause that means you have to try to mediate the dispute outside of court before asking for a judge to intervene. Regardless, you will have to get an outside professional to resolve this if the two of you can't agree. As for parenting time, if it is your parenting time per the decree--even if technically you are working at that time--then really I would think it would be up to you to arrange child care if you are unavailable. Therefore he really shouldn't have any say in it. I know these two aspects sound contradictory, and they are. It's all about a court's interpretation of what exactly the decree and the law say. Here's what I would do if I were you: Tell him you have consulted with an attorney and they told you that this is your parenting time and thus you can determine who watches them when and how. If he doesn't like it, then he can spend the money to file a petition to enforce. Best of luck!

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Answered on 1/18/16, 9:47 am


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