Navigating Parenting Time Adjustments in Arizona Family Courts

In Arizona, What Are Common Reasons for Modifying a Parenting Plan?

Of course, every familial situation differs, but if needed, the Arizona court may modify an order granting parenting time modification when it would serve the child’s best interest. However, the Arizona court won’t usually restrict a parent’s parenting time rights unless it finds that the child is physically, mentally, morally, or emotionally in danger.

There are myriad reasons why parents might want to modify a court-ordered parenting plan. But in Arizona, the family court must approve these modifications through a new formalized custody agreement and parenting plan.

Additionally, if you want to alter parenting time, you must have a valid reason for doing so; it cannot be done on a mere whim, such as disliking the other parent or, for spite, desiring to limit their access to their child. If the modification isn’t backed by a good enough reason and is not in the children’s best interest, then the Court will reject it.

Just a few examples of valid reasons to modify parenting time are:

• The father of the child gets a DUI or has drug problems – The other spouse may want to change parenting time to prevent the child’s father from having unsupervised visits with the child.
• One parent always misses or delays their parenting time – For example, the ex-wife consistently missed or failed to exercise her parenting time and spent little time with their child.
• One parent was allowed only limited parenting time in the original divorce agreement – However, the circumstances have changed, and they are now in a more stable position and wish to be a permanent fixture in their child’s life.

Varied scenarios can exist, but all can be legally complex and challenging to implement through the Arizona courts. Therefore, if you want to modify your parenting time and make it work, you need a Mesa family lawyer’s skilled, professional, empathetic advice and guidance.

Are There Legal Qualifications I Must Meet to Modify My Parenting Time?

First, you must realize that the Arizona laws regulating parenting time changes are complex. Your request will be denied if your case is not presented professionally and all the legalities are strictly followed.

That said, the simple answer is yes. Several basic requirements must be met for the Court to consider a petition to modify parenting time in Arizona, for example:

• It must have been at least one year since the Court finalized the current parenting plan; there are exceptions to this rule if your child is in danger or one parent is not adhering to the current plan.
• Additionally, you must prove to the Court that since the current plan was implemented, there has been a “substantial” change of circumstances.” Therefore, the proposed change would directly affect the well-being of your child.

What Is a Petition to Establish Parenting Time, and How Does It Help Me?

The legal process to modify Arizona’s parenting time begins when one or both parents and their family lawyer file a “Petition to Establish Parenting Time.” If both parents agree to everything in the petition, they can submit the parenting plan jointly.

However, if there is disagreement, either parent (and their family lawyer) should file a “Petition to Establish.” If a parent has sufficient need and requires immediate parenting time changes, a motion can be filed for temporary orders along with the current petition or any time thereafter.

Once the petition to establish parenting time is filed, it must be formally served on the other parent. A process server commonly does this and must adhere to the Arizona Rules of Family Law Procedure.

Once the other parent is served, they usually have 20 or 30 days to file a formal response.

Unfortunately, it’s not always possible for the parents to agree to the newly proposed parenting schedule. When this occurs, the family court judge will decide if the order is justified and modify each parent’s parenting time.

This will all occur after an evidentiary hearing (or trial). Both parents can present evidence and testimony during the hearing to support (or deny) the proposed parenting schedule.

It’s critical to note that all family court judges have significant discretion when determining parenting time under Arizona law. However, they will consider all the factors in the case before making a final decision.

As your experienced, thorough, and diligent Mesa family lawyer will explain, the Court will always attempt to do what it deems to be in the child’s best interests, regardless of how the parents may feel.

I Have Reasons for Having the Parenting Time Changed Quickly, What Can I Do?

Some cases warrant an immediate change in parenting time. So, if you have sufficient evidence, you should know you may ask the Court to modify parenting time at any time, as long as the modification is in your child’s best interests; this is usually done by filing an Emergency Petition for Modification of Parenting Time.

Let’s say one parent commits acts of domestic violence, either against the other parent or the child. This could trigger a presumption against joint legal decision-making and equal parenting time.

It should be noted that all types of both domestic violence and child abuse in this context include not only physical abuse but also emotional abuse, harassment, and numerous other actions that can constitute domestic violence or child abuse.

When the Arizona court grants an Emergency Petition to Modify Child Custody or Parenting Time, it’s done due to allegations that strongly indicate that the child is at imminent risk of serious harm, neglect, etc.

If these allegations are eventually proven, the family court, at its discretion, can alter or even eliminate all parenting time for the suspect parent until an evidentiary hearing is scheduled.

Admittedly, if your child is in danger, it’s a severe and critical situation, and your family lawyer, well-versed in these matters, will act as rapidly as possible to protect you, your child, and your rights.

I Need to Have Our Parenting Time Adjusted; How Should I Proceed?

Modifying any court order in Arizona is never a simple and straightforward process. You and your passionate family lawyer must prove to the Court that a significant enough change has mandated that your original parenting time order be adjusted. 

These are also usually highly stressful and emotional issues, and your empathetic and diligent family lawyer will be prepared to help you through the maze of Arizona’s Family Law.

The highly skilled family lawyers at The Turner Law Firm PLLC know how serious and disturbing these issues can be to you and your child. Therefore, they stand ready to professionally represent you with the compassionate, zealous representation you deserve.

Call them today at (623) 253-8718 for an initial consultation on your unique case. Regardless of the difficulty of your issues, they have the resources and experience to help you and your child through this dire time.