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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My ex wife and I have joint custody of our 12 year old son.

Customer Question

My ex wife and I have joint custody of our 12 year old son. She is his primary custodian and I pay child support. Over the past few years the quality of her caretaking has deminished. My son does not wish to live with her any longer, she has failed to provide a stable environment for him, exhibits verbal/ emotional abuse and neglect toward him.
I want to amend our parenting plan so that I am his primary caretaker and provide him with a stable environment that will allow him to thrive.
I am remarried, have a stable job, have a home in which he has a room, and have him with me about 50% of the time.
I suspect she will fight me on this change as she sees child support as an entitlement to her rather than a means to contribute to our sons well being.
I live in Arizona.
How should I process without incurring a lot of legal fees?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ellen replied 1 year ago.

Hello,

Thank you for your question. I look forward to providing you with information for educational purposes only.

You may file for modification to the parenting plan based upon the change in circumstances. In order to save money, you may want to use forms from the court's self-help site.

Custody is subject to modification at any time there is a substantial change in circumstances that affects the best interest of the child.All matters involving children are determined according to what the court divines to be the best interest of the child. The mother's failure to provide a stable environment could suffice as such a substantial change in circumstances to warrant a modification.

Expert:  Ellen replied 1 year ago.

Would you like me to direct to the Court self-help site where you can find the appropriate forms?