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Change Circumstances to Change Custody in Arizona

Posted on : April 20, 2016, By: Chris Hildebrand

Change in Circumstances to Change Child Custody in Arizona

In Arizona, a parent must establish there has been a significant and recurring change in circumstances to modify a child custody order in Arizona before a court will do so. In Arizona, changing an order regarding legal decision making, parenting time and/or child support that is already in place requires that a Petition to Modify be filed.

Either party may request the modification. In considering such a request, the court must determine whether the filing the requested modification met his or her burden of proof of establishing a significant and continuing change in circumstances to justify modification of the order already in place.

In the unpublished Arizona Court of Appeals case of Boatley v. Mixon, the court found the parties were the parents of twin girls born in 2010. Previous proceedings had occurred in both the family court and the juvenile court regarding the parties’ children.

In October 2013, an order was issued in both the family court and juvenile court granting Mother visitation with the girls. At an evidentiary hearing regarding a petition Father filed to establish orders for legal decision making authority and parenting time, a report from a psychiatrist who evaluated Mother was considered by the court.

The trial court affirmed Father’s sole legal decision making authority over the children and ordered Mother to have no contact with the children, Father or the children’s stepmother. In support of its decision, the family court cited the psychiatrist’s diagnosis of Mother with Antisocial Personality Disorder describing it as likely the condition would interfere with her ability to offer the children a “safe and secure environment.”

The court also noted that the psychiatrist was of the belief that Mother was not likely to demonstrate minimally adequate parenting skills, and that a child in her care would be at risk for abuse. One of the twins died a tragic death after which Mother filed a petition to modify legal decision making, parenting and child support.

She stated that her daughter’s death was due to a lack of medical care and false reporting of her well being. She alleged that her surviving daughter was in danger due to Father’s and stepmother’s “criminal and domestic violence backgrounds.”

The court sought additional information from the Phoenix Police Department as well as the Department of Child Safety (DCS) after which the court dismissed the petition. The court concluded that while the death of one of the children was tragic, there was no basis for the court to attribute the child’s death to misconduct on the part of Father or stepmother or that the remaining child in their care was seriously endangered.

The trial court also noted serious concerns regarding the mental stability of the Mother and her ability to care for the parties’ child. For these reasons, the court dismissed Mother’s petition. Mother appealed.

Change In Circumstances and the One Year Year in Arizona

On appeal, Mother raised a number of arguments that were not related to the dismissal of her petition for modification. As the review on appeal is limited to the rulings specified in the notice of appeal, those issues were disregarded by the Arizona Court of Appeals.

The Arizona Court of Appeals reviewed the requirements of A.R.S. Section 25-411(A), which prohibits filing a motion to modify a legal decision-making or parenting time decree earlier than one year after the legal decision-making order was issued, unless there is reason to believe the present environment of the minor child leaves them in serious danger.

Mother’s petition was filed only six months after the previous order was issued and included only general allegations about Father without any supporting evidence. Claims that the deceased child did not receive adequate medical care appear to be contradicted by medical records attached to the petition that state the child was admitted to the hospital with “sickle cell crisis” and there were “no abuse concerns, no…neglect.”

If you need information about changed circumstances to change child custody in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in child custody cases in Arizona.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child custody case around today.

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I hired Michael Clancy just when I was about to give up on an existing post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!

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I first should comment on how I found this law firm. I am an attorney myself, though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did. There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business. The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing. Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers. Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund. The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently. Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land. This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card. As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.

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I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.

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Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.

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I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.

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Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus. Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend. Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face. I highly recommend Chris Hildebrand @ Hildebrand Law, PC.

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