He wants to change the child support amount so he knows if he sees the children more then the amount owed may go down. This year I fought and won breast cancer so he said he will use that against me to gain joint custody. My husband works full time and sister-in-law helps me all the time with the kids. I have a total of 5 kids. 2 with the ex and 3 with my husband. Please help is there anything I can do?
The words “Joint Custody” refer to the decision making part of being a parent. “Parenting Time” is the time that the children spend with each parent. Changing the Custody from Sole to Joint would only effect decision making and not the time the kids spend with each parent, so that does not effect Child Support.
In just in case you are not confused enough yet, as of 12:01 AM yesterday, January 1, 2013, the term “Custody” has been replaced by “Legal Decision Making Authority.”
Yes, he can ask the court to modify the Parenting Time to equal time or possibly more than equal time, depending on the circumstances. For example, if the kids are spending time at their aunt’s home instead of yours due to your illness, the court could very well on a temporary or indefinite basis, find that it is in the children’s best interest to be with their dad more or full time. This would be a change in Parenting Time, not Custody/ Legal Decision Making Authority.
It is important to note that the norm today, is now Equal Parenting Time. Of course, the distance between the parents’ homes, schedules of all parties as well as other factors are considered as well.
The Sampair Group, PLLC
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Your ex is trying to scare you. He is pushing your buttons to scare you. Never heard of someone using successfully battling a disease as a basis for losing custody. Get an experienced local lawyer to assist you and protect your rights.
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Divorce / Separation Lawyer
Mr. Sampair is clearly the most qualified person to answer this question in Arizona, and I would recommend calling his office. That being said, I also agree with Mr. Lutzky. It's hard to win over a court by saying your ex wife is a bad parent because she got cancer.
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