Modifying Child Custody in Arizona: When and How to Request Changes
In Arizona, child custody arrangements are made with the child’s best interest in mind, as defined by Arizona law. However, situations can arise that may require modifications to existing child custody orders, such as changes in the child’s physical or emotional health, the parent’s living situation, or even incidents of domestic violence or child abuse.
While we may believe that all parties involved want the best for the children in a custody dispute, it is paramount that the safety of the child is the priority. Sadly, in Arizona, 128 children died as a result of abuse or neglect in 2021. This staggering statistic shows how fragile our children are and why it is vital that their interests are defended legally.
If you believe a modification to your existing child custody or legal decision-making order is necessary, understanding how to request this change is crucial for protecting your child’s well-being and securing his or her future. Brown Family Law can help guide you through divorce and custody issues while keeping your family’s best interest at heart. Contact us today to schedule a divorce consultation.
When Can You Modify Child Custody in Arizona?
In Arizona, out of 1,000 residents – 5.8 got married and 2.3 filed for divorce in 2022. Divorce can be difficult, and even more so if a divorce involves child custody issues. If your custody arrangement isn’t working in the child’s best interests anymore – it may be time to modify the agreement.
To modify child custody in Arizona, the party seeking modification must demonstrate that there has been a significant and continuing change in circumstances that justifies altering the original child custody order. Arizona courts require that any requested changes serve the child’s best interest, which may involve modifying parenting time, joint legal decision-making, or both. Some examples of situations where modifications are often granted include the following.
Changes in the parent’s circumstances
Arizona law allows for the modification of legal power or parenting time when a parent experiences a significant life change. This could include relocation, changes in employment, or a health issue that affects a parent’s ability to meet the child’s needs.
If a parent’s physical, mental, or emotional health deteriorates, this could be grounds to seek a modification, particularly if the health condition affects his or her ability to provide a stable and safe environment for the minor child.
For example, if a parent is involved in domestic violence, child abuse, or spousal abuse, the other parent may request to modify the custody order to protect the child. The court takes allegations of abuse or domestic violence seriously, and any history of abuse will be heavily considered during an evidentiary hearing.
When the child’s best interests have changed
A child’s evolving needs are another common reason to modify child custody or decision-making power. As children grow, their needs – whether related to education, health care, or emotional well-being – may change. For example, if the child develops a preference for spending more time with one parent or if the child’s emotional or moral health is better supported by a different arrangement, a modification could be in order.
In Arizona, if the child is over 12 years old, his or her preference may be taken into account, though the final decision will still depend on what the court determines to be in the child’s best interest. In such cases, the child’s present environment and adjustment to his or her home, school, and community will be some of the factors that the court considers.
How to Request a Modification of Child Custody
If you wish to modify child custody or legal decision-making, it’s crucial to follow the correct legal process to ensure your request is properly heard. The modification process involves filing a petition to modify the existing court order and providing sufficient evidence to prove the need for the change.
Step 1: Petition to modify parenting time or legal decision-making
To pursue a modification, the party seeking the change must file a modification action for child custody or legal decision-making. This petition should outline the grounds for modification, such as a significant change in the child’s needs, one parent’s behavior, or other factors constituting adequate cause for affecting the child’s well-being. It is important to show that the modification is in the best interest of the child.
Step 2: Provide notice to the other parent
Once the petition is filed, the other parent must be properly served with a copy of the petition. This service ensures that the other party is notified of the motion or request for modification.
The other party will have the opportunity to file a response if he or she disagrees with the request. The process of serving the other parent is vital to the integrity of the case and ensures that both parties have the chance to present their evidence.
Step 3: Attend a hearing
After the petition and any responses have been filed, the court will schedule an evidentiary hearing. During this hearing, both parents will present their motion, including any evidence supporting their request to alter the parenting time order or modify legal decision-making.
The court will assess the best interest of the child by considering factors such as the child’s emotional, physical, and moral health, the current custody arrangement, and any allegations of abuse or neglect.
Step 4: Submit financial and other relevant information
In some cases, the court may also ask for financial information or other documentation to assess whether the modification will impact child support or the financial responsibilities of each parent. If one parent is requesting a change in custody or parenting time, the other parent may be required to provide financial information, including a statement of income and other relevant data.
Step 5: Court decision
After hearing all the evidence, the judge will make a ruling based on the child’s best interest. If the court finds that a significant and continuing change in circumstances warrants a modification, the court will issue a new child custody order or parenting plan. The court may also order a new parenting time arrangement or a change in legal decision-making.
Brown Family Law Keeps Your Family’s Interests At Heart
Modifying child custody in Arizona is a complex process that requires clear evidence of a significant and continuing change in circumstances. Whether it is to modify parenting time or legal decision-making, the process is centered on ensuring the child’s best interests.
If you are considering modifying a child custody order, it is crucial to understand the legal process and work with an experienced family law attorney to present your case effectively.
At Brown Family Law, we know how much your child’s well-being matters to you. We make it our priority to fight for the best possible outcome for your family.
When you entrust us with your family’s future, you will see you are trusting a legal team that wants you to maximize your time with your kids. Contact us today to schedule a divorce consultation regarding your case. Safeguard your family’s future – call us at 480-882-0767.
