Legal Question in Family Law in Arizona

custody modification

What is the likelyhood of getting child custody modified? How do you get the courts to see that the best interest of the child and her everyday life has been changed? Is there a time frame in which you must wait to appeal? What about the parent who avoids all contact and refuses to meet in the middle? What if the courts rule sole custody to one parent and the other parent wants to change it? How do they? Can they? Do they have to wait?


Asked on 3/31/01, 12:48 pm

1 Answer from Attorneys

Re: custody modification

May be easier to answer so many questions (and with more detail) in person. Please call my assistant Cathy if you would like to schedule a free 1/2 hour consultation.

Briefly though:

1. Likelihood of modification depends upon your ability to prove that it needs to be changed.

2. There are MANY ways to prove the best interests of the child, including your own testimony, teachers, pictures, doctor's reports. We can also ask for an evaluation in which the child is interviewed.

3. For an actual modification of custody, you must wait for one year to pass since the last orders were entered. A simple modification of the access schedule can be filed at any time.

4. If the parent is absolutley uncooperative, this can be evidence of the need for change.

5. To change custody, you must file a Petition to Modify. I cannot teach you all of the many steps involved via e'mail.

Again, please contact me directly to discuss this further.

/s/ Rich J. Peters, Attorney.

[email protected].

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Answered on 6/04/01, 6:08 pm


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