What is needed to take my ex back to court to be awarded my son full time due to possible abuse and violating court order.
2 attorney answers
You would need to be able to prove the alleged abuse and, unfortunately, this is extremely difficult.
The videos of your child are likely insufficient and may even expose you to allegations that they are performative and that you’re coaching the child.
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The manner of seeking change is through a Petition to Modify. You can modify Legal Decision Making upon a showing of "the failure of the other parent to comply with the provisions of the order", or other significant and continuing changes. The court may modify parenting time rights whenever modification would serve the best interest of the child, "but the court shall not restrict a parent's parenting time rights unless it finds that the parenting time would endanger seriously the child's physical, mental, moral or emotional health". It does seem you have strong claims regarding the youngest child.
DO the older children witness these events and agree that they are happening?
There is no way to predict exactly what a Judge will do. Your goal would be to paint an overall picture of the life you can provide for the child compared to Mother's. With most things being somewhat equal, our Court's certainly do order equal parenting time quite often. In fact, A.R.S. §25-403.02(B) requires the Court to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time (so long as such is in the child's best interests).
So, if you do not believe that kind of schedule to be in the child's best interests, you will need to prepare to convince your judge of your concerns.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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