Legal Question in Family Law in Arizona
I have a parenting plan in place that my ex-husband never follows. Before the parenting plan he would only see the kids 4-8 times a year. Now he hasn't seen them in almost 3 months. My daughter is refusing to overnights. He has always paid child support because it is automatically taken out of his checks. The kids almost always have to initiate contact with him. He rarely calls or text messages them. I don't know if I should go back and change the parenting plan or let it ride as is. This in and out in their lives has had a negative impact on my son. He is very emotional and hypersensitive. I don't know if I should try to have his rights severed. He will never change and will only see them if it is convenient for him. He refuses to try to work with me on anything.
2 Answers from Attorneys
This type of situation is always difficult. On the one hand, you could receive more support if he was paying according to the actual time spent with your children, but on the other if you rock the boat it could have a negative impact on your children. I would encourage you to keep detailed notes and document all contact (phone, text, and in person) in a parenting journal. Absent emergency, I would wait until you have built sufficient documentation prior to proceeding with court action. If you are looking for ongoing information and support you may want to consider our monthly subscription with unlimited email advice with one of our attornyes at SDS Online (www.onlinedivorcecoach.com)
Good Luck,
I am not sure you would have a basis to terminate. There can be advantages to leaving it as is, and advantages to seeking modification to reflect the reality of his access. You may be entitled to an increase in child support due to his limited access.
I would need to know more.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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