How Do You Modify Visitation or Parenting Time in Arizona?
You may ask the court to modify parenting time anytime you can prove sufficient evidence exists to prove modifying parenting time is in the best interests of your children. You may do so by filing a Petition for Modification of Parenting Time up until the child turns 18 years of age.
However, Arizona law does impose some time limits for the modification of a prior legal decision making order. For example, a legal decision making order cannot be modified for one year after the court last entered the order unless there is a threat of harm to the child.
Changes in the parental access schedule with the children, however, can be changed at any time. Generally, almost all judges dislike seeing parents repeatedly going back to court requesting changes in custody or visitation orders, unless a real and significant change in circumstances has occurred.
You should read our are indepth analysis of the Arizona Supreme Court’s ruling on how a judge is to determine whether a significant change in circumstances has been alleged to justify setting the case for a child custody modification trial by reading our summary of the Arizona Court of Appeals decision in the Pridgeon v. Superior Court case.
The Court also has the ability to grant an Emergency Petition to Modify Child Custody or Parenting Time if a parent raises allegations indicating the children are in imminent risk of serious harm. If so, the court can change or even eliminate all parenting time to a parent until such time an evidentiary hearing may be scheduled for the court to receive evidence from both parents to decide whether to keep the emergency orders in place, modify them, or cancel those emergency orders.
The Arizona Court of Appeals addressed the issue of whether a trial judge is required to modify child support if it modifies child custody or visitation orders despite neither party having requested a modification of child support in the Heidbreder v. Heidbreder case. The Hiedbreder court stated an Arizona judge is required to determine whether child support should be modified any time a court modifies child custody or visitation, even if neither parent filed a request to modify child support.
Contact Our Scottsdale Arizona Child Custody Attorneys
Contact us today or call us at (480) 305-8300 to schedule your consultation with one of our Scottsdale Arizona Child Custody Attorneys regarding child custody issues, the divorce process or any other Arizona family law matter.