f you’re looking into the modification of parenting time in Arizona, there are a lot of legal and factual considerations. You may want to learn how you can change your parenting visitation time in Arizona. Until your child(ren) turn 18, you can file a petition for a parenting time modification. A court will consider changing your parenting time if you can show that there is enough evidence to prove that changing the agreement is in your children’s best interests.
To change your parenting time in the state of Arizona, you must either do so by agreement or file a Petition for Modification of Parenting Time. In order for you to successfully modify parenting time, you need to establish an ongoing and substantial change in your situation that has happened since the custody orders were issued. You have to show that the parenting time change is in the best interests of the minor child(ren) to modify the orders.
Even though Arizona laws often institute a wait of a year to modify parenting time or custody, there are reasons to modify when you can provide evidence that without a parenting time modification, there is a detrimental threat to the child(ren)s emotional, moral, physical or mental well-being.
According to A.R.S. §25-411, “the court may modify an order granting or denying 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.” A.R.S. §25-411 also says that “to modify any type of legal decision-making or parenting time order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the pleadings, in which case it shall set a date for hearing on why the requested modification should not be granted.”
Most judges will frown on parents repeatedly going back to court to petition for changes to their custody order, absent a major change in the circumstances which is continuing and systemic. In other words, a one-time incident is not enough to justify altering child custody orders, the situation needs to substantial and continuing.
Filing A Petition for Modification Of Parenting Time In Arizona
There are steps that a non-represented party can take to file a petition for modification of parenting time in the State of Arizona. However, there are other ways to modify beyond filing paperwork. Collaborative Process offers a way to resolve parenting time and decision-making disputes without involving a court. However, both people have to agree. Below are the general steps that can be followed to modify parenting time and legal decision-making.
Step 1 of 1:
The Papers for the Agreement – Instructions and forms to file within Court forms in order to file a petition to alter or change a court custody order for parenting time.
Emergency Petition To Modify Parenting Time or Child Custody
Arizona courts can also award an emergency petition to change parenting time or child custody if one parent or the other brings up accusations that indicate the child(ren) maybe could be harmed. If that does occur, the court has the power to alter or even eliminate the parenting time for that parent until there is a probationary hearing scheduled. At the hearing, each parent can present evidence, testify to the court under oath, and then the court will decide whether to retain the emergency order, change it, or cancel it altogether.
*This information is not intended to be legal advice and is general information. Please contact Moshier Family Law today and learn more about your personal legal needs at 480-999-0800.
- Procedures: How to file your Agreement to Modify Parenting Time and Child Support – drmv70p
- Instructions: for filling out the Agreement to Modify Parenting Time and Child Support and other forms – drmv70i
- Instructions: How to complete the Child Support Worksheet – drs12h
- Instructions: Completing an Order Stopping an Income Withholding Order – drsw82i
- Stipulation to Modify the Prior Court Order Regarding Parenting Time or Parenting Time and Child Support – drmv71f
- Order Modifying Parenting Time or Parenting Time and Child Support – drmv78f
- Parenting Plan – drcvg11f
- Current Employer Information – drs88f
- Order Stopping Income Withholding Order – drsw82f
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- “Family Court Forms.” The Judicial Branch of Arizona Maricopa County, superiorcourt.maricopa.gov/llrc/family-court-forms/.
- “Modification of Parenting Time in Arizona.” Canterbury Law Group, 3 Apr. 2019, canterburylawgroup.com/modification-of-parenting-time-in-arizona/.
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