Many parents find that the Parenting Plan they have no longer works. Even parenting plans made with the best intentions can need modification. Circumstances change and those changes can negatively affect parenting time and add stress to both the parents and the children.
At Best Law Firm we continually work with parents who want to modify their current Parenting Time Orders. Reasons vary from parent to parent but the idea is the same. Their current Parenting Time Order is no longer working for their kids best interests and it needs to be changed. When considering modifying a current Parenting Time Order you must first and foremost consider what is in the best interests of your child.
There are many legitimate reasons to modify parenting time but disliking the other parent is not one of them. If the court finds that one parent tries to limit the other’s parenting time without good cause or out of spite, the petition to modify parenting time will be denied and the parent that requested the change will be ordered to pay the opposing parent’s attorney fees and costs.
Examples of Valid Reasons to Modify Parenting Time:
My child’s Father got a DUI last month. I want to change my current Parenting Time Order to prevent my child’s Father from having unsupervised visits with my son.
I want to change the current Parenting Time Order, because my ex-wife is not exercising her parenting time.
I was given limited parenting time when my children were born, however, my daughter is five years old and my son is seven years old now. I want to be able to spend more time with my children and become a more permanent figure in their life.
We provide specific legal advice on your matter so you can move forward, lessen anxiety and have peace of mind.
It must be at least one year (or longer) since the current Parenting Order was entered into (see exceptions below); and
You must prove to the Court there has been a material change in circumstances directly affecting the welfare of the child. (This is where you tell the Court why you are asking for a change to the current parenting time order. What has changed since the last order was entered until now?)
Once the Court determines a material change in circumstances has occurred, the Court then looks at the Best Interest Factors of your child(ren) under A.R.S. 25-403.
Before you can seek help from the Court and file a Petition to Modify, you must determine whether you current Parenting Time Order has a “Mediation Clause.” This clause requires parties to go through mediation services to resolve their issues before they can seek help from the Court. This “Mediation Clause” can be found in your Parenting Plan. If you are wondering whether your Parenting Plan has a mediation clause, call us Best Law and we can go over your current Parenting Plan with you.
There are two exceptions to the one-year requirement before being able to petition the court to change a current parenting time order.
If it has been less than 6 months and the other parent is not following the current parenting time order; AND/OR There is an emergency situation.
Once you meet these requirements, you may file a Petition with the Court to modify the current Parenting Time Order. The Court will make changes to the current Parenting Time Order as it relates to the Best Interest of the Minor Child. The Court looks at A.R.S. 25-403 when determining the factors.
If you Parenting Plan requires that you attend Mediation, you can file a Mediation Request with the Court. Some Parenting Plans will identify whether parties are required to go through Conciliation Services for mediation or whether they can seek private mediation services. Call Best Law if you need assistance setting up Mediation with the other parent.
First, the other party will need to be served with the Petition to Modify.
Once served, the other party has 20 days to Respond (or 30 if they reside out of town) to your Petition.
Once the other party has responded, the Court will set a Court date.
If you have either already attended Mediation or your Parenting Plan does not require that you attend Mediation, you must meet two additional requirements before you can file a Petition with the Court.
It must be at least one year (or longer) since the current Parenting Order was entered into (see exceptions below); and
You must prove to the Court there has been a material change in circumstances directly affecting the welfare of the child. (This is where you tell the Court why you are asking for a change to the current parenting time order. What has changed since the last order was entered until now?)
If the other party does not respond, call Best Law Firm to assist you with filing a default action. A default action is situation where one party is being non-responsive. The default action will notify the Court. Once a default has been filed with the Court, a hearing is set and the other party has ten (10) days to respond. If the other party does not respond within that time frame or does not appear at the Default Hearing, the Court will grant you the requests that were outlined in your Petition to Modify, so long as it is in the best interests of the minor child(ren).
Keep Best Law Firm in mind when thinking about modifying a current Parenting Time Order. Best Law Firm can assist you a variety of ways from filing a formal petition with the Court to an informal meeting with both parties. Best Law Firm is always here to assist you with any of your family law needs.
Schedule your consultation and meet with our team to create a customized game plan and move forward confidently.
Families Helped
Trials & Settlements
Years In Business
Years of Combined Experience
Best Law Firm has helped thousands of families during the past 18 years. We help families through negotiation, settlements, mediations and court litigation when necessary. The goal is to resolve issues with the least amount of money and stress and only use court litigation as a last resort. Every family we meet is important to us so we would like to share just a few of our success stories with you.
We represented an unmarried father and were able to reunite him with his 4 year old son after the mother secretly moved him to Florida.
We represented a mother and were able to require the father to undergo therapy before he could have any parenting time with his three daughters who he had been physically and emotionally abusing. We had a certified domestic violence expert testify in the case.
We represented an unmarried mother and were able to reunite her with her 2 year old daughter after the father took the child in secret without permission or a court order.
We represented a husband who had a large estate and the wife wanted assets greater than their prenuptial agreement allowed.
We represented a wife in a long term marriage to obtain the spousal maintenance that she was due.
We represented the husband whose wife violated their divorce decree's spousal maintenance agreement by living with her boyfriend.
We represented an unmarried mother and were able to obtain a large child support order from the father who was a professional athlete and it was upheld on appeal. (Murphy)
We represented an unmarried father and were able to fight abuse allegations filed against him and get a court order for 50-50 parenting time for his 2 children.
We represented an unmarried father and were able to defend him against false allegations and obtain a court order where he was named primary custodial parent of his 3 year old son.
We represented a mother who lived in Italy whose teenager was unlawfully kept in Arizona after summer visitation by the Father. It was ordered for the child to return to his mom in Italy.
We represented a father whose 2 children were taken to Kansas after their divorce was filed in Arizona and the court ordered them to be returned.
We represented a father who lived in Texas and fought for primary custody of his daughter who lived in Arizona. The daughter was able to move to Texas because of the mother's abuse and neglect.
We represented a Canadian mother whose husband attempted to get a divorce in Arizona where he could keep the kids. Mother had no long term visa and would have lost her children. Tali Collins was a "friend of the court" and was heard at a Canadian hearing on the same matter that had been filed in BC.
We were the mediators for a mother who wanted to keep the community house (and equity) and the father who wanted to keep his community retirement. We were able to craft an agreement where she received more spousal maintenance up front which the husband agreed to pay to keep the community retirement he had earned.
We represented two ER doctors and mediated their parenting agreement which was drafted to help each doctor have the maximum time with their son.
We represented a father who was a doctor and obtained sole custody of his two daughters after the mother had a worsening mental illness.
We represented a father whose former wife attempted to enforce an out of state child support arrears calculation that was incorrect. We also won the case on appeal. (Glover)
We represented a mother and successfully protected against potential kidnapping by the father to a non Hague country, the UAE. The parenting time order put in safety measures and supervisors to protect the daughters.
We represented a father from Japan to obtain a parenting time order for his young son.
We represented a father to severe the rights of the mother with their two daughters after the mother was imprisoned for criminal abuse against them.
We represented a father and were able to negotiate a parenting plan with joint legal decision making and a 50-50 parenting plan for his son.
We represented a divorced couple against the grandmother who wanted visitation time with their daughter against the parents' wishes.
We represented a married couple and negotiated visitation with a former mother in law, grandmother to their son/step son.
We represented grandparents and negotiated parenting time with a previously estranged father of their grandson.
Our experienced team at Best Law Firm has helped thousands of clients. See what some of them have to say about working with us.
“Ms. Best resolved my spousal maintenance issue with my husband and his attorney in two hours. She accomplished what the lawyers could not do in 9 months of litigation. I am very grateful for her help.”
“We hired this law firm to represent our son in trying to get joint custody. They did a fabulous job keeping us informed as to their plan each week. I have to say I do not think my son would be enjoying his daughter right now with his 50/50 custody if it was not for this law firm.”
“You are the Best, before I retained counsel, I was not able to see my children and did not know what rights a father had in Arizona. I now have joint legal and physical custody. Thank you for all that you have done for my family.”
“Thank You! Thank you! Thank You! Thank you for getting my son what he deserves! Thank you for finally ending this 9 year chaos…I slept like a little baby last night! You are all GREAT!”
I’ve used Best Law Firm twice now. Excellent communication skills, rapid responses, and they know EXACTLY what they are doing. They look out for you.like one of their own and do everything they can to keep your case cost effective. Highly recommend!
“The service provided at ‘Best’ was beyond exceptional. The staff at ‘Best’ were professional, going above and beyond their normal duties to help me. I would sincerely recommend ‘Best’ for anyone looking for help with their families legal matters.”
“I have worked with Best Law Firm on two issues in the past 12 months. Their service is exceptional and the quality of their attorneys is second to none! So, their name (Best) is truly appropriate! I would recommend their legal services to anyone!”
Thank you for the excellence in your craft and communication each and every step of the way, for the care, for helping me to be brave and strong in holding someone accountable for their wrongdoings, for helping my sons and me to receive the best possible scenario out of the worst situation of my life.
“Alan was very professional and quick, he had our paperwork done the same day. When I called him to follow up I was able to speak with him then. Highly recommend Alan, he’s very easy to talk to, he’s very knowledgeable, and he means business.”
We can conduct your consultation by phone, zoom or in person. Call us today at (480) 219-2433 or fill out the form below.
