Creating a parenting plan is one of the most important steps in the divorce process when children are involved. This plan sets the foundation for how parental responsibilities will be shared, ensuring the child’s best interests are prioritized while reflecting the family’s unique circumstances at that time. Once the court finalizes the order, both parents are legally obligated to follow it.
However, life is ever-changing, and as children grow, their needs naturally evolve. Over time, the original parenting plan may no longer align with the family’s circumstances. Common reasons for modifying legal decision-making and/or parenting time order include a parent’s new work schedule, relocation, parental alienation, or concerns about the child’s safety. Such changes may require modification to ensure the arrangement continues serving the child’s best interests.
Modifying a court order is a challenging process—it’s strict, complex, and requires careful navigation. That’s why having the proper legal support is essential. At Shaffer Family Law, our experienced family law attorneys are here to guide you through every step, ensuring you secure a modification that reflects your family’s current needs and priorities.
While preparing for your consultation with the legal team at Shaffer Family Law, parents seeking legal decision-making and/or parenting time modification can begin by following these procedural steps to streamline the process:
- Understand the Legal Requirements: Complying with the state laws and regulations where the original court order was issued is crucial. Understanding these requirements improves the chances of a successful modification.
- Be Aware of Timing Restrictions: Under Arizona law, you generally must wait at least one year before modifying a legal decision-making and/or parenting time order unless you can demonstrate an immediate threat of harm to the child, which allows for expedited filing.
- Proof of Significant Change: To modify a legal decision-making and parenting time order, the requesting parent must demonstrate substantial changes, such as relocation, safety concerns, or the child’s evolving needs. Relevant evidence, including relocation plans, medical records, school reports, or any other supporting information, may be necessary to strengthen the case for modification.
- Focus on the Child’s Best Interests: The court will approve modifications only if they are deemed necessary and in the best interests of the child. If it can be shown that the modification will enhance the child’s well-being, it increases the likelihood of approval.
- Attend Mediation: The court may require parents to attend mediation to reach an agreement on the proposed modifications. If unsuccessful, the dispute will be resolved in court.
Shaffer Family Law –: Your Trusted Attorneys in Arizona
If you believe you need to modify legal decision-making and/or parenting time in Arizona, don’t face the process alone. Whether you’re seeking or opposing a change, an experienced family law attorney at Shaffer Family Law is essential to protect your rights and ensure your child’s best interests are upheld. With our expert guidance, you’ll significantly increase your chances of approval and avoid costly mistakes that could jeopardize your case. From completing and filing forms accurately to fiercely advocating for you in court, we’re here to support you every step of the way. Take the steps now to secure a brighter future for your family. Call at (480) 470-3030 or fill out our online contact form to schedule a consultation today.
Sources:
https://www.sc.pima.gov/media/aual1d3a/packet23_modification_of_parenting_time_and_ldm.pdf
https://www.findlaw.com/family/child-custody/custody-modification.html