DISCLAIMER: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. you should contact an attorney in person for further and specific information.
Barbara L Fuqua of Fuqua Law Firm P.C., is licensed in Arizona only.
If you have questions about MODIFICATION OF PRIOR ORDERS or RELOCATION, or if you would like to discuss your situation with an experienced family law attorney, please contact attorney, Barbara L. Fuqua, today.
After orders are entered by the Court, a later change in circumstances may require that those orders be modified or changed. A change in circumstances can be the loss of a job, the obtaining of a new position either in Arizona or out-of-state, a change in living situation, or any other situation that makes the current orders unmanageable.
Modification of prior orders are governed by A.R.S. §25-411 which requires different pleadings to be filed depending on whether you are requesting a modification of both legal decision making and parenting time or a modification of parenting time alone. Typically, you are required to wait one year from the entry of the current Order before filing for a modification. However, if there has been a substantial and continuing change in circumstances since the current Order was entered or your child’s emotional and/or physical well-being will be adversely impacted if there is no modification to the current Order, then you can file for a modification prior to the one-year time limit.
Relocation raises significant legal decision making, parenting time, and child support issues, especially if the relocation is out of state. If one parent is contemplating moving out of state, both parents should consider consulting with a family law attorney.
Pursuant to Arizona law, a non-custodial parent or a parent who is not granted legal decision making of the child is entitled to reasonable parenting time to ensure that the child had frequent and continuing contact with the non-custodial parent. Relocation disrupts this contact, as the decision to remove a child from the state will affect the other parent's parenting time rights. As such, moving out of state with the child(ren) presents a difficult problem, and the moving parent must establish that the move is in the best interests of the child/ren pursuant to the criteria of A.R.S §25-403 and §25-408(I).
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