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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11446
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I currently have 50/50 shared custody of my 7 year old son

Customer Question

I currently have 50/50 shared custody of my 7 year old son in Arizona. He has ADHD and has been struggling with life changes. He struggled when my ex-wife (his mom) moved in with her boyfriend last October and again when they moved into a new house this January. I have now re-married and bought a new house with my wife and her 2 year old daughter. My son is beginning to struggle again with aggression and behavior issues. His behavior is impressionable on the 2 year old where she is now beginning to do things she didn't do before to get in trouble. My question is: being that my son has a disorder, is there a law that can modify the custody arrangement to provide more stability for my son so he doesn't have to ping pong between households that would be in the best interest of the child? I know I would be screwing myself out of time with him, but for his own happiness and well-being, that is something I would be willing to do.
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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Expert:  MIAMILAW1127 replied 1 year ago.

Unfortunately, when it comes to matters involving the "best interest of the child" standard, there is no hard and fast rule.

This standard is an open-ended one that is usually decided on a case by case basis by the judge. The judge may order an independent evaluation of the child, ask each parent what their preference is, ask the child what their preference is, look at all sorts of factors that can affect the child and ultimately make a decision.

In other words, there isn't a specific law. There is case law, but these situations are typically so unique that decisions are made on a case by case basis. Your best bet would be if both your ex wife and you agree to amend the timesharing agreement.

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