When and How to Modify Custody Agreements in Tucson

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Despite its challenges, a divorce or a separation can be an opportunity to start life afresh. But, it is not always easy to completely detach from an ex-spouse, especially if you had a child or children together. Child custody agreements often require you and your ex-spouse to keep in contact.

While you and your ex-spouse may have agreed on a custody arrangement when finalizing your divorce, changes in life circumstances can necessitate a modification. From a child’s needs changing as they grow older to a parent’s life or marriage situation changing, there are various reasons for modifying custody agreements in Tucson, Arizona.

Besides custody agreement modification due to general life changes, sometimes a parent can request an emergency modification following a dangerous situation. This often occurs where the other parent or their lifestyle endangers the child, including cases of physical or sexual abuse. It is advisable to know when and how to modify a custody agreement to help protect a child’s welfare.

Understanding Custody Agreements

Arizona law categorizes custody agreements into two: legal and physical custody. Legal custody determines the parent responsible for making major life decisions regarding the child’s upbringing. This includes decisions on the child’s education, religion, health, and overall well-being. Physical custody determines the child’s primary residence or which parent the child will live with after divorce.

Depending on the situation, custody arrangements can be sole or joint. Sole legal custody refers to a situation where one parent gets the exclusive right to make major life decisions on behalf of the child. Sole physical custody refers to a situation where a child primarily lives with one parent. The court often grants visitation rights to the other parent.

Joint legal custody refers to a situation where both parents are responsible for making major life decisions for the child. The arrangement requires them to cooperate in the child’s best interest. Joint physical custody refers to a situation where parents split parenting time evenly or in a way that ensures the child spends meaningful time with both of them. The custody arrangement might require them to live around the same area or reasonably close.

The court often awards sole custody if it regards the non-custodial parent as unfit due to issues like abuse, neglect, incarceration, and substance use. However, in Arizona, joint custody is more common than sole custody. It is in the best interest of a child to spend substantial time with both parents and have them involved in their lives. The exception is when a custody arrangement endangers the child.

When to Modify a Custody Agreement

Arizona laws only allow modification of custody agreements in specific situations and when it is in the child’s best interest. Some of the situations when to modify a custody agreement include;

  1. When there are significant changes in circumstances for either parent. Some physical, financial, or emotional changes in a parent’s life may impact their ability to parent. These changes may include marriage or frequent new relationships, relocation, job loss, or changes in income. The changes may require coming up with a new custody agreement to protect the child’s welfare.
  2. When there are significant changes in a child’s emotional, physical, and academic needs. As the child grows older and as time passes following a divorce, the child’s needs and what’s best for them may change. For instance, a child may need counseling, more time for sports, or extra tutoring. A modification of the custody agreement may be necessary to accommodate these changes.
  3. When there are changes in the non-custodial parent’s circumstances. For instance, when a former drug addict parent shows significant improvements in their ability to parent, the parents can agree on an alternative custody arrangement, including more parenting time for the parent.

Legal Grounds or Reasons for an Emergency Modification

In Arizona, you cannot modify a child custody agreement within one year of the original custody order. However, the court allows for an emergency modification in circumstances that endanger the child.

You have to prove that the current custody arrangement puts the child’s safety at risk for the court to approve your modification request. You can request an emergency modification where there are:

  • Substance abuse issues
  • Domestic violence concerns
  • Sexual abuse concerns
  • Serious neglect and abandonment issues
  • Concerns about the presence of dangerous persons, including child abusers, and felons

How to Modify a Custody Agreement

Gather documentation. The first step when seeking a modification is to gather relevant evidence, including emails, texts and reports to support your modification request. You might also need psychological assessments and school reports. The evidence supports claims of changing circumstances in a parent’s life or child’s needs changes. Whether it is a typical or an emergency modification, you need to prove to the court that your request is in the child’s best interest.

File for modification. Either parent can file a petition with the court to modify the custody arrangement. The filing parent will submit the necessary paperwork and serve the other parent with the petition. The other parent will file a response.

Mediation. The court often refers parents to an out-of-court mediation as the first step in resolving custody disputes. Mediation is time-saving and helps avoid unnecessary ‘fights’ that can make co-parenting harder. If the parents agree, they will formalize the custody modifications in court; otherwise, there will be a court hearing.

Court Hearing. This involves the requesting parents presenting evidence and reasons for modification and the other parent responding to the same. After both sides have stated their case, the judge determines the case based on the best interest of the child’s standard. The judge may accept or deny the modification request partially or in totality. They can also suggest alternative modifications to the custody agreement.

Contact a Tucson Child Custody Lawyer

Modifying a custody agreement can be overwhelming and legally complex. Like most divorce-related disputes, a custody agreement modification is likely to end up in court. It is therefore advisable to seek the help of a skilled and experienced child custody attorney. If you are in Tucson and are considering custody agreement modification, contact our knowledgeable and experienced child custody lawyer at RPM Law. We will help you navigate all the legal complexities of custody modification as we protect your rights to a fair custody agreement. Contact us to schedule a free consultation and learn more about our services.