Legal Question in Family Law in Arizona

When my ex husband and I got divorced he fought to have joint physical custody of my son and got it. This was back in February 2009 and not even 6 months later he tells me that he only want to take him every other weekend. Well it ended up that he only started taking my son on the weekends. Well my son is going into the 1st grade this year and I never get a full day with our son since my ex has him every weekend. So I filed in May a change in parenting time and child support asking that my ex only have him every other weekend and one overnight during the week. We had our appearance in front of the judge and she was pretty much telling me im not being fair to my ex I'm taking his time away... Which he hasnt exercised his 50/50 in 3 years+ The judge mentioned that we should try a one week on one week off! I have kept track of me having my son for the last year and a half and I have had him 5 days a week! My ex now wants the one week on one week off schedule because he doesn't want to have to pay more child support! I'm not going to agree to one week on one week off! He hasn't had him that long in years! In maricopa county the child access guidelines for a 6 year old is every other weekend and one day during the week. What do you think my chances of winning this are?

Asked on 6/27/13, 11:37 am

1 Answer from Attorneys

Carlie Owsley Walker The Owsley Law Firm, PLLC

I would strongly recommend you hire competent counsel as soon as possible. I would need to know more about your case, judge, details, etc, before giving additional thoughts. However, you should be preparing for your case early, in gathering exhibits, seeking out witnesses etc. should you need further information, we do offer free consultations up to 30 minutes. Wish you the best! 623-748-8973. The judges are being trained equal time is best, but it IS refutable.

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Answered on 6/28/13, 8:08 am

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