Child Custody Modifications

If you are looking for information on modification of parenting time in Arizona, this post should help! Here we show you how to modify visitation time in Arizona. You can ask the court to modify your parenting time agreement if you can prove that there is enough evidence to show that modifying your parenting time agreement is in the best interests of your child(ren). All you must do to modify parenting time in Arizona is file a Petition for Modification of Parenting Time with the court. You can file a petition for parenting time modifications until your child(ren) turn 18 years of age.  To win your petition, you must establish a substantial and continuing change of circumstances has occurred since issuance of your prior custody orders, and that modifying the orders is in the best interests of the minor children.

Although Arizona law states that you must wait at least 1 year before you can make modify a custody order unless you can prove there is an immediate threat of harm to the child(ren). According to Justia US Law, “No motion to modify a custody decree may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his physical, mental, moral or emotional health.”

On the other hand, making changes to your parental access schedule can happen at any time. Nearly all judges won’t like seeing parents going back to court repeatedly to request changes in custody orders unless there is a significant change in circumstances which is systemic and ongoing.  Put another way, a one-time occurrence is not sufficient to justify child custody orders, you need a change in circumstances that is systemic and ongoing.

Child custody modifications involve changes to existing custody arrangements or parenting plans. These modifications may be necessary when circumstances change, affecting the best interests of the child or the ability of one or both parents to fulfill their parenting responsibilities. Here’s an overview of child custody modifications:

Reasons for Child Custody Modifications

1. Change in Circumstances:
   • Relocation: One parent may need to move to a different city or state, impacting existing custody arrangements.
   • Change in Work Schedule: A parent’s work schedule may change, affecting their ability to adhere to the existing custody schedule.
   • Remarriage or New Relationships: Changes in a parent’s marital status or living arrangements may necessitate adjustments to custody arrangements.
   • Child’s Preferences: As children grow older, their preferences and needs may change, warranting modifications to custody or visitation schedules.
   • Concerns for Child’s Safety: If there are concerns about the child’s safety or well-being in one parent’s care, modifications may be necessary to ensure the child’s best interests are protected.
   • Substance Abuse or Mental Health Issues: If one parent develops substance abuse issues, mental health concerns, or other challenges that impact their ability to parent effectively, modifications may be required.

Process for Child Custody Modifications

1. Petition or Motion:
   • The parent seeking the modification typically files a petition or motion with the court requesting the change in custody arrangements.
   • The petition should outline the reasons for the requested modification and provide supporting evidence, such as documentation of changed circumstances or concerns about the child’s well-being.
2. Court Review:
   • The court will review the petition and may schedule a hearing to consider the requested modification.
   • Both parents will have the opportunity to present their arguments and evidence regarding the proposed modification.
3. Best Interests of the Child:
   • The court’s primary consideration in custody modification cases is the best interests of the child.
   • Factors considered may include the child’s relationship with each parent, the child’s preferences (if they are old enough to express them), the ability of each parent to provide a stable and nurturing environment, and any evidence of parental misconduct or inability to meet the child’s needs.
4. Mediation:
   • In some cases, the court may require the parents to participate in mediation to attempt to reach a mutually acceptable agreement regarding custody modifications.
   • Mediation can help facilitate communication between parents and reduce conflict, potentially leading to a resolution without the need for a court decision.
5. Court Order:
   • If the court determines that a modification to custody arrangements is in the child’s best interests, it will issue a court order outlining the new custody or visitation schedule.
   • The court order is legally binding and must be followed by both parents.

How To File A Petition For Modification Of Parenting Time In Arizona

Follow the step below to file a petition for modification of parenting time in Arizona.

Step 1 of 1:

The Papers for the Agreement – Court forms and instructions to file a petition to modify a court custody order for parenting time.

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Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]