- If you desire to spend more time with your children, you can seek to change visitation rights through a modification of your decree and/or parenting plan.
- You can seek custody of your children and supervised visits if the other party is doing something inappropriate or harmful to your children.
- If income of one of the parents has changed to the point where child support payments would be increased or reduced by at least 15 percent, you can seek to modify your child support payments.
Changing Physical Custody In Arizona
When Can Physical Child Custody Be Changed?
In determining whether to change a custody order, courts are concerned solely with the best interests of the child. The following are examples of circumstances that can precipitate a change in child custody and parenting time:
- The child’s adjustment to school, home or community
- For an older child, the child’s preferences
- A change in the parent’s lifestyle that affects the child’s well-being (such as drug or alcohol use)
- Sexual abuse
- Domestic violence
- Other circumstances that affect a child’s physical, mental, moral or emotional health
- A change in a parent’s employment
Baring special circumstances, you must wait one year from the date of your previous child custody order before requesting a change. If your child’s safety or health is in danger, however, you can seek immediate relief from the court.
A custody evaluation is a valuable tool if you are seeking to modify your child custody and parenting time order. A child custody evaluation can provide the court with the evidence it needs to support a successful petition for modification.
Child Custody Modification
- Diagnosis of a medical condition
- Physical abuse
- Sexual abuse
- Drug abuse on the part of a parent/stepparent
- Alcohol abuse by a parent/stepparent
A custody evaluation is a valuable tool if you are seeking to modify your child custody order from joint to sole custody. A child custody evaluation can provide the court with the evidence it needs to support a successful petition for modification.
Child Support Modification
- Loss of a job
- Substantial loss of income
- Substantial increase in income
- A child turning 18 years of age
Even if your child’s other parent is not currently employed, the court can assign income based on past earnings.
Our highly skilled and experienced family law attorneys can help you file a strong petition for a modification of current child support obligations.
Child Visitation Modification
Modifying Child Visitation In Arizona
Factors that can precipitate a change in visitation include:
- The current plan is no longer appropriate given the age of your child
- A change in work schedule
- Employment or unemployment
- Child preferences
- A change in a child’s performance at school
- Drug or alcohol use
- Physical or sexual abuse
- Exposing a child to domestic violence or inappropriate behavior
- An unsafe environment
In determining whether to modify an existing visitation plan, courts are concerned solely with the best interests of the child rather than the desires of the parents. The law in Arizona says that it is in the child’s best interests to have substantial contact with both parents, absent issues such as child abuse, domestic violence and child safety.
In addition to modifications, our lawyers can assist you with enforcement of existing visitation schedules if you are facing issues such as:
- Failure to provide visitation
- Failure to timely return a child to the custodial parent following visitation
However, there are times when an agreement cannot be reached. In these situations, we aggressively fight to protect your interests. We help many parties achieve their custody and visitation goals involving child relocations. We may also be able to help you.
Protecting Your Family By Planning Ahead
If you know that you will be relocating out of state prior to obtaining a divorce or during the divorce process, you should consult with a family law attorney who has experience with relocation issues. An experienced Arizona lawyer at DeShon Laraye Pullen PLC, can ensure the court order (divorce decree) anticipates this possibility to avoid confusion and possible litigation at a later date when the relocation occurs.
Modifying Parenting Time In Arizona
Modifying Parenting Time Schedules In Arizona
In Arizona, our law says that it is in the child’s best interests to have substantial contact with both parents, barring special circumstances such as abuse or child safety issues. However, families change over time and parenting schedules may need to change as well.
The following are examples of issues that can precipitate a change in parenting time:
- A change in employment
- A change in a parent’s lifestyle or home environment
- Changes in a child’s school schedule or extracurricular activities
- The child’s preferences
- Issues such as mental illness, drug use or alcohol use
- Changes in a child’s performance in school
- Physical or sexual abuse
Our attorneys have more than 30 years of combined experience helping parents secure the parenting time agreements they need. In addition to modifications, our lawyers can assist you with enforcement of existing parenting schedules if you are facing issues such as failure by one parent to provide parenting time to the other.
Phoenix Spousal Maintenance Modification
Post-Decree Spousal Support Changes In Arizona
The amount of spousal maintenance (also referred to as spousal support and alimony) can be modified when there is a significant continuing change in circumstances. The loss of a job by the payer may not be sufficient for a modification in spousal maintenance. If the payer is compelled to take a much lower paying job due to the state of the job market however, the court may allow a modification.
Modification cases involving permanent spousal maintenance are usually highly contested, because the effects of an increase or decrease can be significant. For this reason, you should seek representation from an experienced family law trial lawyer when moving to modify a spousal maintenance order.
DeShon Laraye Pullen PLC, has handled numerous spousal modification cases. The founder of our firm,
DeShon Pullen, has extensive trial experience and has received numerous awards and recognitions.
We Protect Your Rights And Interests
When representing you, our law firm will carefully review the facts in your case and develop an appropriate legal strategy. If litigation is necessary, we will vigorously represent you in court and work diligently to achieve your goals.
DeShon Laraye Pullen PLC we will help you analyze the costs and benefits of seeking a modification. Our Phoenix modication attorneys appreciate the economic and emotional value of reaching a negotiated settlement when it is appropriate. However, we are prepared to use our trial experience to pursue your case in court when there are no reasonable possibilities of settlement. We will help you create an aggressive, winning strategy that draws on our lawyers’ years of family law experience. Contact us for all your family law needs.
Our goal is to help you obtain the result you want quickly, efficiently and economically.