Child custody arrangements are designed to accommodate the needs of the child and parents to the extent possible, but sometimes circumstances change. There is a process for making adjustments or wholesale changes to the arrangement in Arizona law, but the bar is high.
A family law expert can help you understand your rights as a parent and how to prepare for a custody modification. Understanding how the system works can save time and effort while reducing stress.
Understanding Requirements for Custody Modification Requests
The process of requesting and getting custody modified is intentionally neither quick nor easy. Arizona’s family court division is charged with putting the best interests of children first, and its policies and procedures are designed accordingly.
There are many versions of custody, including legal, physical, sole, and joint. If the agreed-upon arrangement designed by the court is no longer acceptable to one or both parents, they must follow a legal process to make changes.
Requests for custody modification fall into two categories and may impact one or both:
- Legal decision-making: these are the rights and responsibilities to make all major decisions about a child’s education, healthcare, religion, and personal care.
- Parenting time: this is the schedule that governs when each parent has access to the child. It can be easier to modify than legal decision-making.
Substantial and continuing change is the standard that Arizona family court applies to requests for custody modification. That means the requestor must have proof of a major change of circumstance since the custody arrangement was finalized with the court, and that the new situation is permanent, not temporary. Any modification proposed must also serve the child’s best interests.
Successful requests for modification often include significant and lasting changes in circumstance such as:
- Relocating (within 45 days)
- Significant changes in the child’s needs
- Major change to the parent’s work schedule
- Serious concerns such as domestic violence or substance abuse
While there is a one-year rule that prohibits a caregiver from seeking modification too soon after a lifestyle or job change, officials waive the requirement if there is evidence of endangerment of the child’s physical, mental, or emotional health. The waiting period may also be reduced if there’s evidence in joint custody cases that one parent is not complying with the court’s custody order.
The Best Interests of the Child Standard
The court’s charge is twofold in modification requests: first, they must determine if the change of circumstance is lasting. Then, the child’s best interests are considered. The child’s mental, physical, and emotional wellbeing are carefully weighed in light of the modification. The child’s relationship with the parent is considered, and their adjustment to home, school, and community are factored in. The court also revisits which parent is more likely to provide frequent, meaningful and continuing contact with their other parent.
If the child is around age 12 or older the court may consider their wishes and perspective on the matter, particularly if the child is thoughtful and reasonable.
Filing for Modification
- Either parent may request a custody modification in writing. The request must be filed with the Clerk of the Superior Court and pay the filing fee. The request must be accompanied by a detailed affidavit explaining the specific facts that constitute a substantial and continuing change.
- In cases where both parents agree on modifications and cooperate, the process, including a court hearing, may take fewer than five months.
- When the other parent contests the modification request, the court usually requires mediation to seek a compromise. These cases typically take a year or more.
Help Navigating the Custody Modification Process
The rules and requirements of custody modification requests can be complex and confusing. A simple error in the application or affidavit can result in denial or delay. Having an Arizona family law expert from Webster Family Law on your side can streamline your efforts, saving time and reducing stress associated with the process. Calling for a consultation will start the process of solving your custody issues.