After a divorce order is finalized, it is common for Mom's, Dad's and the children's lives to change. The circumstances framing an original order of child custody (in Arizona, properly called "legal decision-making") may not be applicable and, in some cases, an original order may become impractical or untenable. In these situations, the court may grant a motion to modify an original custody order or visitation plan.
It can be difficult to change an established custody order. In order to be successful, you must prove that it is in the child's best interests to modify. Our experienced legal team will review your case, identify your needs to modify a custody arrangement and effectively present your situation to the court.
A court may grant a modification to a custody arrangement or a visitation schedule in a variety of circumstances, such as:
- Relocation for a new job, marriage or family needs
- Change in work schedule
- Remarriage
- Changing wishes of older children
- Parental fitness or substance abuse
- Allegations of domestic violence
In addition to helping parents obtain modifications, we also work to defend existing orders pertaining to child access schedules. If you have been contacted about a change in a custody or access request, or you suspect that a custodial parent is planning to request a modification, we can help you defend your rights and protect your children’s interests.
Under Arizona law, court determinations regarding legal decision-making and parenting time should not be made on the basis of gender. That is, the court should show no preference to either the mother or the father.
