If you’re contemplating changing parenting time in Arizona, various legal and factual factors come into play. Understanding the process and criteria for modifying parenting visitation is essential. A petition for modification can be filed until your child(ren) reach 18, requiring evidence demonstrating that the change is in the children’s best interests.
Guidelines and Considerations for Parenting Time Modification
Modifying parenting time in Arizona involves either an agreement or filing a Petition for Modification of Parenting Time. Successful modification requires demonstrating a significant, ongoing change in circumstances since the custody orders. Arizona law often imposes a one-year waiting period for modifications, but exceptions exist when evidence reveals a threat to the child(ren)’s well-being. A.R.S. §25-411 empowers the court to modify orders, prioritizing the child’s best interests and necessitating a comprehensive process with evidence and opposing perspectives. Judges typically discourage frequent petitions without substantial, ongoing changes in circumstances.
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
Read More About
- “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/.