Modification of Visitation in Arizona
A modification to a custody order can be made when parents ask the court to change a custody decision that was made previously. When parents file for legal separation or divorce and they cannot agree on child custody, it is the responsibility of the court to decide the arrangements at temporary orders hearings or final trial. Once a decree of legal separation or petition for dissolution of marriage is granted, the court still holds the authority to make changes to custody orders they already put in place. This is referred to as a modification of child custody or a modification of parenting time.
Modification of Visitation in Arizona | What You Need to Do
How to Modify Parenting Time in Arizona: If you decide you would like to modify custody or parenting time as decreed in the final parenting plan of the original decree, you need to be able to show that the requested change would be in the best interest of the child. Contact your Arizona family law attorney in order to have the request for modification of parenting time filed. Although, before your request is filed, there are some limitations that must be considered.
If one of the parents/parties would like to modify parenting time or custody as outlined in the original divorce decree, they need to be able to show that the change would be in the best interest of the child. Your Arizona family law attorney will file your request to modify parenting time in Arizona with the Clerk of the Superior Court, but to file such a request, you must first consider some limitations.
A request for modification to a current legal decision making order cannot be filed for 1 year from the date of the earlier order. The only exception to this rule is in cases where circumstances are seriously endangering the physical, mental, emotional or moral health of the child. A modification may always be requested at any time if there is evidence of domestic violence, spousal abuse, or child abuse since the last order was granted.
When seeking to modify parenting time in Arizona, it’s important to be aware of the difference between parenting time and custody (i.e., legal decision making). Parenting time is a form of visitation. It’s the amount of time the child actually spends with each parent. Parenting time can vary depending upon the child’s age and their specific needs, as well as the ease of transferring the child back and forth (geographical location of both parents’ homes). When requesting modification of parenting time, it’s important to remember that this doesn’t necessarily mean the actual custody terms will be changed. Parenting time can be decreased or increased without changing from joint custody to sole custody.