When parents in Arizona share joint legal decision-making and parenting time, they follow a court-approved parenting plan that outlines how time with the child is divided and how decisions affecting the child are made. However, circumstances often change over time, and the existing plan may no longer serve the child’s best interest. A parent may need to modify parenting time or even legal decision-making in those cases. Arizona law provides a process for requesting a modification through the family court system.

Arizona law, specifically A.R.S. regarding joint legal decision-making, guides these modifications. § 25-411, governs how and when parents can ask the court to modify a legal decision-making or parenting time order. Courts in Maricopa County, including those in Phoenix, Scottsdale, Mesa, and surrounding areas, will only consider a modification of custody or parenting time in Arizona if a substantial change in circumstances affects the child’s best interest. Knowing what steps to take and what the court looks for can make all the difference

Table of Contents

• Understanding Parenting Plan Modifications in Arizona
• Key Legal Standards for Modifying Parenting Time in Arizona
• Filing a Petition to Modify Parenting Time or Custody
• Factors Arizona Courts Consider in Modifications of Joint Legal Decision-Making and Custody
• How De Novo Law Can Help with Parenting Plan Modifications
• Frequently Asked Questions About Parenting Plan Modifications
• Important Things to Remember
• How De Novo Law Can Help

At De Novo Law, Licensed Legal Paraprofessional Stephanie Villalobos helps parents understand when and how to file a petition to modify their custody arrangement. With over 30 years of experience in Arizona family law, Stephanie Villalobos offers legal help to parents seeking fair solutions that protect their child’s well-being while respecting both parents’ rights.

Understanding Parenting Plan Modifications in Arizona

A parenting plan is a formal document approved by the court that outlines how parents will share parenting time and legal decision-making for their child. Arizona courts aim to create plans that support the child’s best interest by ensuring meaningful parenting time rights unless there are significant changes in circumstances.

Sometimes, life changes make the original plan outdated or difficult to follow. When this happens, a parent can request a modification to the parenting time or legal decision-making order. Examples of situations that might justify a modification of custody or parenting time include changes in joint legal decision-making circumstances:

• One parent moves to a new city or state.
• The child’s educational, medical, or emotional needs change.
• One parent is not following the current parenting plan.
• Significant changes in a parent’s work schedule or living situation.

Under A.R.S. § 25-411, the court shall not restrict a parent’s parenting time unless it finds that the parenting time would seriously endanger the child’s physical, moral, or emotional health. For less severe changes, the parent seeking the modification must prove to the court that a substantial change in circumstances related to legal decision-making or parenting time has occurred.

Key Legal Standards for Modifying Parenting Time in Arizona

Arizona family law sets clear standards for custody and parenting time modifications, particularly regarding the parent’s parenting time rights, unless otherwise specified. According to A.R.S., parents must also be aware of their obligation to pay child support in addition to custody arrangements. § 25-411, a parent may file for modification if:

• It has been at least one year since the court issued the current custody order, which is required for any custody changes.
• There’s been a substantial change in circumstances affecting the child’s well-being.
• The modification serves the best interests of the child.

Some exceptions allow parents to file sooner, such as:

• The child’s present environment may endanger their physical, moral, or emotional health, which could affect their legal decision-making or parenting time.
• One parent refuses to follow the existing parenting time order.
• Evidence of spousal abuse or child abuse has occurred since the last order was entered.

Maricopa County and other Arizona courts prioritize the health of the child when deciding whether to modify parenting time or legal decision-making.

Filing a Petition to Modify Parenting Time in Arizona or Custody

The process begins with filing a petition to modify parenting time or custody with the court that issued the original parenting time order. In Maricopa County, this typically means filing with the Superior Court.

Steps to modify a legal decision-making order or parenting time order include filing a petition for joint legal decision-making changes.

1. Draft the Petition – Clearly explain the substantial change in circumstances and why the requested modification benefits the child.
2. File with the Court – Submit the petition with the court in the county where the child custody agreement was made, especially if you want to change the current parenting time.
3. Serve the Other Parent – The other parent must receive formal notice of the petition to modify.
4. Attend Court Hearings – Depending on the case, the court may schedule hearings to review evidence and testimony before deciding.

It’s important to ask the court to address parenting time and child support together if needed, especially if child support modification is required because of the requested changes in custody.

Factors Arizona Courts Consider in Custody Modifications

When reviewing a custody modification, Arizona courts focus on what’s in the child’s best interests and the impact on joint legal decision-making. Factors may include joint legal decision-making considerations and changes in custody.

• The child’s relationship with each parent is a critical factor in joint custody decisions.
• The child’s adjustment to home, school, and community.
• The child’s health and safety.
• Each parent’s ability to cooperate and communicate.
• Evidence of spousal abuse or child abuse.
• Whether either parent has tried to restrict a parent’s parenting time without good cause.

Arizona courts only approve modifications when the party seeking modification proves that the change has occurred and the new plan benefits the child. Courts prefer stable arrangements, so parents must show a continuing shift that affects the child’s health or emotional well-being concerning parenting time or parenting time rights.

How De Novo Law Can Help with Parenting Plan Modifications

Licensed Legal Paraprofessional Stephanie Villalobos at De Novo Law has decades of experience helping Arizona parents change their parenting plan when their circumstances change. As the first Legal Paraprofessional licensed by the Arizona Supreme Court, Stephanie can handle custody modifications, legal decision-making changes, and parenting time arrangements without the higher cost of a traditional attorney.

Whether you need to modify legal decision-making, update parenting time, or change your parenting plan to fit your family’s needs better, Stephanie offers personalized legal services to protect your rights and your child’s best interests.

Frequently Asked Questions About Parenting Plan Modifications

How soon can I request a parenting plan modification in Arizona?
Typically, you must wait one year from the last custody order unless the child’s present environment may seriously endanger their well-being.

Do I need a lawyer to modify parenting time in Arizona, especially when navigating changes in custody?
You don’t need a lawyer, but working with Licensed Legal Paraprofessional Stephanie Villalobos at De Novo Law ensures your petition meets legal standards.

In family law, can I petition to modify parenting time rights unless my ex refuses to follow the plan?
Yes, non-compliance can justify a modification under A.R.S. § 25-411.

In Arizona, it is crucial to understand that a change must be made to the parenting plan if the health of the child is at risk. Does a change in work schedule qualify for modification?
It could if the court finds it significantly impacts the child’s best interest.

Can parenting time and child support payments both be modified?
If the changes affect child support payments, the court may modify the child support order and parenting time rights unless it finds otherwise established.

Important Things to Remember 

• Arizona law allows custody modification only if a substantial change in circumstances has occurred.
• Courts consider the child’s best interest when deciding to modify parenting time.
• A petition to modify parenting time must be filed with the court that issued the existing court order.
• Both parenting time and child support can be modified if necessary.
• Arizona courts prefer stability for the minor child, so proof of continuing change is essential.