Modification & Enforcement of Decrees

Arizona Child Custody Modification and Enforcement

Raising children is by its nature an exercise in promoting and adapting to change. It is then hardly surprising that the legal arrangements for maintaining parental relationships in the aftermath of divorce attempt to anticipate adjustments that will reflect the changing needs of the children as they grow and develop, and the sometimes changing abilities of parents to support and nurture them. If you believe that a change in your circumstances, those of your child, or those of the other parent require changes in your custodial or parenting time agreements, contact the Law Offices of Scott David Stewart in Phoenix for the advice of an experienced lawyer.

Modification of child custody decrees can be ordered by the family law judge upon a showing of "substantial and continuing change of circumstances" and that the proposed change of primary custody will be in the best interests of the children affected. Because of the major disruption in the child's life that would result from a change in primary residence, only the most compelling reasons will result in a modification of physical custody over the other parent's objection: serious health or medical problems for the custodial parent, drug or alcohol abuse, neglect or abuse of the child, or other circumstances of similar gravity.

Child visitation or parenting time arrangements can be modified more easily to suit the convenience of all concerned, but if the other parent resists the change, the parent seeking the modification must still be prepared to show a substantial and continuing change of circumstances: relocation, changes in hours of work, military duty, or even commitments to an elderly parent in failing health.

Both parents also have the continuing right to apply to the court for help in enforcing their rights under either a child custody or parenting time decree. Under Arizona law, intentional interference with the parental rights of another is both a contempt of court punishable by jail and a criminal offense that can result in arrest warrants and a criminal conviction.

For reliable advice and skilled representation in court on any child custody modification or enforcement issue, contact a family law attorney at the Law Offices of Scott David Stewart in Phoenix.