Get answers to common family law questions about divorce, child custody, parenting time, support, mediation, and legal rights with guidance from Pintel Law Firm PLLC.
In Arizona, courts base child custody decisions on the best interests of the child.
Factors include the history of the relationship between the parent and the child; the interaction of the child with siblings and other person who may significantly affect the child’s best interest; the adjustment to home, community and school; the mental and physical health of both the child and the parents; and the wishes of the child when of a suitable age and maturity to provide their input.
Courts base child custody decisions on the best interests of the child, in Arizona.
Factors include the history of the relationship between the parent and the child; the interaction of the child with siblings and other person who may significantly affect the child’s best interest; the adjustment to home, community and school; the mental and physical health of both the child and the parents; and the wishes of the child when of a suitable age and maturity to provide their input.
Yes. Typically a custody order cannot be modified prior to twelve months from the time that the most recent order was entered by the court.
However, when the time is appropriate to request a modification, the court must engage in a two-stage inquiry.
First, the court must ascertain whether there has been a change of circumstances materially affecting the welfare of the child.
Only if the court finds such a change in circumstances may it then proceed to determine whether a change in custody will be in the best interests of the child.
A.R.S. § 25-403(A).
The burden is on the parent petitioning the court for a modification to satisfy the court that conditions and circumstances have so changed after the original decree as to justify the modification.
Unlike a Petition to Modify which cannot be filed unless twelve months have elapsed from the entry of the current custody order, if a parent is not following the parenting plan, a Petition to Enforce can be filed.
If a court finds that a parent has refused without good cause to comply with a parenting time order, the court can find that parent in contempt of court; order make-up time; order parent education at the violating parent’s expense; order family counseling at the violating parent’s expense; order civil penalties not exceed one hundred dollars for each violation; order both parents to participate in mediation or some other alternative dispute resolution at the violating parent’s expense; or any other order that may promote the best interests of the child involved.
A.R.S. § 25-414.
However, the court is instructed to limit its power to punish for contempt to the least possible power and that typically means that a court will order make-up parenting time or order the violating parent to take a parent education class at their expense or award attorney’s fees.
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Each question and answer are an item in a Toggle Widget. Change the number of items and customize their content in the editor panel.
Each question and answer are an item in a Toggle Widget. Change the number of items and customize their content in the editor panel.
Each question and answer are an item in a Toggle Widget. Change the number of items and customize their content in the editor panel.
In Arizona, courts base child custody decisions on the best interests of the child.
Factors include the history of the relationship between the parent and the child; the interaction of the child with siblings and other person who may significantly affect the child’s best interest; the adjustment to home, community and school; the mental and physical health of both the child and the parents; and the wishes of the child when of a suitable age and maturity to provide their input.
Courts base child custody decisions on the best interests of the child, in Arizona.
Factors include the history of the relationship between the parent and the child; the interaction of the child with siblings and other person who may significantly affect the child’s best interest; the adjustment to home, community and school; the mental and physical health of both the child and the parents; and the wishes of the child when of a suitable age and maturity to provide their input.
Yes. Typically a custody order cannot be modified prior to twelve months from the time that the most recent order was entered by the court.
However, when the time is appropriate to request a modification, the court must engage in a two-stage inquiry.
First, the court must ascertain whether there has been a change of circumstances materially affecting the welfare of the child.
Only if the court finds such a change in circumstances may it then proceed to determine whether a change in custody will be in the best interests of the child.
A.R.S. § 25-403(A).
The burden is on the parent petitioning the court for a modification to satisfy the court that conditions and circumstances have so changed after the original decree as to justify the modification.
Unlike a Petition to Modify which cannot be filed unless twelve months have elapsed from the entry of the current custody order, if a parent is not following the parenting plan, a Petition to Enforce can be filed.
If a court finds that a parent has refused without good cause to comply with a parenting time order, the court can find that parent in contempt of court; order make-up time; order parent education at the violating parent’s expense; order family counseling at the violating parent’s expense; order civil penalties not exceed one hundred dollars for each violation; order both parents to participate in mediation or some other alternative dispute resolution at the violating parent’s expense; or any other order that may promote the best interests of the child involved.
A.R.S. § 25-414.
However, the court is instructed to limit its power to punish for contempt to the least possible power and that typically means that a court will order make-up parenting time or order the violating parent to take a parent education class at their expense or award attorney’s fees.
Each question and answer are an item in a Toggle Widget. Change the number of items and customize their content in the editor panel.
Each question and answer are an item in a Toggle Widget. Change the number of items and customize their content in the editor panel.
Each question and answer are an item in a Toggle Widget. Change the number of items and customize their content in the editor panel.
Each question and answer are an item in a Toggle Widget. Change the number of items and customize their content in the editor panel.
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