Are parenting time orders modifiable?
Yes, parenting time orders can be modified in Arizona under certain circumstances. The court may modify an existing parenting time order if there has been a substantial and continuing change in circumstances that affects the best interests of the child.
The Court must review any request to modify a parenting plan to ensure it complies the Arizona Law, specifically A.R.S. §25-411. Examples of circumstances that may warrant a modification of parenting time orders in Arizona include:
Relocation of one or both parents
Changes in work schedules or job location
Changes in the child's needs or schedule
Substance abuse or domestic violence issues or other safety issues
The child's preference (if the child is of a certain age and maturity)
If you want to modify a parenting time order in Arizona, you must file a sworn and verified Petition with the Court and provide enough detail as to why the modification is necessary. If you fail to provide the necessary information, which is submitted to the court under penalty of perjury, the request may be denied. Additionally, if the Court determines that the filer made the request in bad faith or to harass the other party, the Court could require the filer to pay the attorney fees and costs of the other party.
It is important to consult with an experienced family law attorney who can guide you through the process and help you achieve the best outcome for you and your child.
