Modifications of Arizona Family Law Orders

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Whether you are going through a divorce or need to establish legal guardianship or paternity, family law can be complicated to navigate without a lawyer.  Even after orders come down from the judge “changes in circumstances” occur and often these Family Orders need to be modified.  The outcome of every family case can change your life forever.  Additionally, a modification to an Arizona family order can make a bad situation better.

At My AZ Lawyers, our experienced family attorneys will discuss all your unique concerns.  However, we also appreciate the importance of immediate answers. Therefore, below are some answers to commonly asked Arizona family law questions and FAQs regarding Modifications of Family Orders. For additional information, call our Arizona Family Lawyers at (480) 448-9800.  We offer free initial consultations either over the phone or in one of our conveniently located Arizona Family Law Offices.

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REASONS WHY A JUDGE MIGHT CHANGE A CHILD CUSTODY ORDER

Custody order modification attorney in Arizona

Some of the reasons a judge might change a child custody order include:

  • One parent moving awayWhen one parent needs to move for work or other reasons, this can throw a wrench into existing child custody orders. Especially for out of state parents, visitation and full time custody may be infeasible. Parents who evenly split custody may need to switch to a more creative schedule, such as summer breaks and other vacations with the out of state parent. If one parent’s move makes visitation too burdensome, or moving or staying with one parent would have a positive or negative impact on the child’s life, a modification will be granted. 
  • Changing needs of the child Children’s needs change as they age, and some children may have injuries or medical conditions that affect how the child should be cared for. For example, if a child has a chronic medical condition and one parent is able to work remotely and care for the child during the day, a modification may be granted. 
  • The parents’ circumstances have changed One parent may experience a permanent change in income, have another child, win the lottery, etc. All of this could warrant a modification of child support, and possibly even child custody. 
  • The child’s safety is at riskIf a child is being physically, emotionally, sexually, or psychologically abused, neglected, surrounded by dangerous people and drug use, or if one parent has mental health issues that affect the child’s safety, a modification may be necessary. 
  • One parent refusing to follow custody orders- The parent who is following custody orders should document each time the other parent fails to comply with current orders. That parent may either be granted extra visitation to account for time lost, or receive primary custody of the child.

FAQs REGARDING MODIFICATIONS IN ARIZONA FAMILY LAW ORDERS

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ANSWER:

This is an official request to the court to amend an order from your family law matter. The most common motions to modify deal with issues of child and spousal support, and child custody.

CONTACT AN ARIZONA FAMILY LAW MODIFICATION ATTORNEY

ANSWER:

Once family law orders are made, the parents must wait at least one year before requesting a modification. Another modification won’t be granted until at least one year after the first.

CONTACT AN ARIZONA FAMILY LAW MODIFICATION ATTORNEY

ANSWER:

A parent may want to modify child support after experiencing an income reduction. For example, they may develop an injury or disability, be fired, become incarcerated, or retire. The parent may also marry a new spouse who is their dependent and have more children. New expenses like these are taken into account when determining how much child support should be paid.

Custody may be modified for a number of reasons. One parent may not be providing a safe environment for the child due to drugs and alcohol use, mental illness, an unreputable new partner, etc. One parent may relocate, making the current custody order impossible to maintain. The child’s needs and wishes may change as they age. Custody may also be modified if one parent is refusing to comply with the current order and withholds parenting time.

CONTACT AN ARIZONA FAMILY LAW MODIFICATION ATTORNEY

ANSWER:

The orders currently in place won’t automatically change once you apply to modify. If the request is contested by the other party, you will both appear in court to argue your position. You may need to present evidence and interview witnesses to show why the modification should be granted. The other party will have the chance to present their side of the argument before the judge will issue a ruling on the modification.

CONTACT AN ARIZONA FAMILY LAW MODIFICATION ATTORNEY

ANSWER:

To avoid an undue burden on the courts, property division orders are often non-modifiable. Spousal support orders are often non-modifiable as well. Because it is impossible to foresee the needs of a growing child, child support and child custody orders can be modified, with some restrictions.

CONTACT AN ARIZONA FAMILY LAW MODIFICATION ATTORNEY