Child Custody Modification
If you are involved in a custody dispute with another parent it is important to be deeply educated in Arizona child custody modification law. No matter what parents disagree about, you should be able to agree on what’s good for your kids. However, when it comes to child custody disputes taking the high road can be difficult if you are dealing with an unreasonable parent. Although the court may generally view both parents involvement in decision making as in the child’s best interest, sometimes that isn’t the case.
Phoenix Child Custody Modification Attorney
The Daly Law firm can explain how the court views a request to modify a child custody order and the process for doing so. It's vitally important to follow the proper the procedures under Arizona child custody law in order to prevent facing an unwanted contempt violation for violation the terms of your original child custody court order. Located in Phoenix and Scottsdale, The Daly Law Firm assists clients throughout Arizona in modifying existing child custody orders.
Call (480) 607-8308 for a free consultation for more information on how to modify a Arizona child custody order. We also assist clients in Phoenix and Scottsdale in modifying out of state custody orders, if proper, under the Uniform Custody Jurisdiction and Enforcement Act (UCCJEA).
When can I modify a child custody order in Arizona?
You can modify a child custody order in Arizona can upon a showing of "substantial and continuing change of circumstances" and that the change of custody will be in the best interests of the child. Generally, you cannot make a motion to modify a custody order or decree earlier than one (1) year after it was entered, unless a parent can show one of the following:
- There is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health
- There is evidence that domestic violence has occurred
- Spousal Abuse has occurred
- Child Abuse has occurred
Mediation may be mandatory under your parenting plan or order by the court. As a dedicated Phoenix custody lawyers we can advise you whether mediation is appropriate in your case.
How do I modify custody in Arizona?
The court will determine custody in accordance with the best interests of the child. They must consider all relevant facts including those stated under Arizona Revised Statute Section 25-403:
- The wishes of the child's parent or parents as to custody
- The wishes of the child as to the custodian
- The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest
- The child's adjustment to home, school and community
- The mental and physical health of all individuals involved
- Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse
- Whether one parent, both parents or neither parent has provided primary care of the child
- The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody
- Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02
- Whether there has been domestic violence or child abuse as defined in section 25-403.03
In an Arizona custody case the court must make specific finds on all relevant factors. They must also state the reasons for which they have made the decision in the best interests of the child.
Defending against child custody modification
If you believe that you are a victim of a wrongful child custody modification contact the Daly Law Firm for a free consultation to discuss your case. The court may assess attorney fees and costs against a parent seeking modification of child custody if the court finds that the modification action is vexatious and constitutes harassment.
Arizona Child Custody Orders and Military Deployment
A court will not penalize you for your outstanding and dedicated services to the United States Armed Forces. A custody order that is entered during deployment or in contemplation of military deployment of a custodial parent must make reference to that deployment and include provisions governing custody once the deployment ends. Both parents may ask to the court to modify a custody order once the deployment ends and hold a hearing within 30 days after the petition is filed.
Daly Law Firm | Scottsdale Child Custody Modification Lawyer
Modifying court orders can be challenging. Contact a local Phoenix custody modification attorney if you need help modifying child custody, child support, or visitation rights. If you are in the Phoenix, Scottsdale, Maricopa County area, don’t hesitate to call The Daly Firm at (480) 607-8308 for a free consultation on how Doug Daly can modify your court orders.