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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I currently have 50/50 custody with my ex husband. Over the

Customer Question

I currently have 50/50 custody with my ex husband. Over the years because I've heard it's hard to prove emotion or mental abuse I have never tried this option before. I've met with lawyers and again all told me that it's really hard to prove. We live in AZ and I am not sure what the legal aspect of it is... I know that at their dads house especially my oldest is called many not so great names such as, stupid, bitch, idiot, moron, asshole, annoying, and my younger daughter who is 11 is called asshole, fat,ugly, spoiled brat. In a recent conversation with my ex he has confirmed these allegations but says it's not abuse if there are not bruises or marks left on the children. This happens to both my daughters on almost a daily bases. I am stuck and I don't know what do as far as custody goes.. I've tried talking to my ex millions times telling him it's not ok.. And he told me that I am crazy and to stop putting stuff in their head which I am not they are13 & 11 and have figured stuff out all alone. It's not just him it's his his wife is the main part of it. I want my girls to go to counseling and he refuses and says if they are going he wants to be in the room with them, knowing they won't say anything.(his words) then they won't get taken away)he also said he is not going allow the girls to go and talk to some quack so he can be told what he is doing is either right or wrong. He feels that if the kids are acting that way they deserve the things he and his wife say to them. He also told me that he knows his wife use the fact that my oldest daughter craves attention from her so she use that as leverage the way she treats them to get them to do what she wants and treating them like crap. They tell them if they are going act this way they will get treated as such. Both girls do not want tell him they don't want to live there anymore but are afraid of what the outcome will be if they say something to him he has instilled the fear of God in them to only live by his rules and action and they will grow up to decent humans, not like me because I am phyco.. He is allowing the other siblings at his house to tell the girls they are liars and Physco just like their mom.. When it comes to counseling he tells them it's wrong that I've put it all in there head and I am phyco for telling them it's wrong what he doing. It's gotten to the point again the don't want to do. it's not just him that acts this way it's his wife also. I need help because I literally have no idea what to do and I feel lost. I know that it is apparently it's hard on the girls mental health and hard to prove in the state of AZ and I don't know how to stop it from happening. Do u think u can give me so advice?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

So you want to have the custody changed so that your children are with you as the sole custodial parent and the Father gets visitations? Is that correct?

Customer: replied 2 years ago.
I feel that is best for their emotional and mental wel being.
Expert:  Samuel II replied 2 years ago.

Thank you

I suggest that you consider filing a Modification to the current child custody order. You can do this on your own, without the assistance of a local attorney.

You can get the packet of forms to file for the Modification from the Clerk of the Court in the county where the current order originated. That is where you will file the Modification.

You can use any one of the issues you mention as a grounds. And you can also state that it is in the best interest of your children and request the court to interview them on their preferences and why. Such an interview is done in the judge's chambers, behind closed doors and in private so neither parent can hear and that protects your children from any intimidation.

Once you file the Modification forms, he will need to be served, he can oppose and a hearing will be set for you to present your side and him to show cause why the current order should not be changed.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Expert:  Samuel II replied 2 years ago.

Here is a link so you can read more on the Modification process.

Customer: replied 2 years ago.
Thank you for all your advice!!! I really appreciate it and if need to will contact u again
Expert:  Samuel II replied 2 years ago.

You're welcome. Thanking you in advance for a positive rating. And this question will remain in YOUR Question list for any follow ups on this concern.