I live in Az, what's the best way to modify a custody order?

Question

My husband and I want to obtain more custody rights of his children. Their mother has been accused of neglect but always seems to come out smelling like roses.

He pays regularly including health,vision and dental. We call weekly in addition to making all of the traveling in order to see them continously through out the year (3 hours).

Any suggestions on what reasons the court would modify and how it will help us in obtaing full custody?

Their mother acts if she knows what's best however,she doesn't and the children do not always seem happy. They are constantly manipulated into thinking their mom is amazing which is usually the case in a child's eyes anyhow and when it's time to visit, my husband and I are only given a very short period of time.

She is not willing to let us have them much, she expects us to travel all the way.

She at first did not want us in their lives.

We both work in Law enforncement so we keep a tab on our emotions but we would like to be more in their lives as a positive role model due to her current husband just being arressted for sexual assault on children (Thankfully not ours)

Please help.....Anyone out there know the law really well...

Answer 1

Its called a petition for remodification of child custody hearing. The biggest challenge you face is to prove her unfit. Neglect is not easily proven. Child abuse and/or drug/mental abuse are the biggest reason mothers lose in custody hearings. But you must have concrete proof such as police or medical reports of such. This is not easy as the courts work with the best interest of the child in mind and really hesitate to remove a child from their mother unless circumstances require them to do so. Just dont go into courts on hearsay as this will definitely backfire on you and courts hate hearsay and will hurt any future attempts. Good luck

Answer 2

It's very easy to accuse someone of neglect. Who brought the charges, were they investigated?

Are the children happy with their mother? Does she honor visitation commitments?

Perhaps the judge would consider allowing the children monthy visits during the summer and alternating holidays with the mother.

It is commendable that your husband is so committed and that is the best thing he can do for his children under the circumstances.

No one answering your question can possibly know what is best for the children. The question is: are they happy, content, loved and cared for?

Answer 3

It's usually hard whatever State you live in to take the children from their mother. God bless you for being so loving to them. I wish you and your husband the best of luck.