Phoenix Post-Divorce Modification Lawyer

There are often good reasons to petition a family law court for a modification to a court order, including on orders such as:

  • Child support order
  • Spousal support order
  • Child custody order
  • Property division order
  • Debt division order

If you request a modification of a legal decision-making order (custody order) or parenting time order (visitation order) within a year of the original order, you will need to demonstrate why you believe that your child's welfare is in serious danger. This can be a high hurdle to overcome. Arizona family law courts wish to discourage frequent filing of petitions to modify custody. Talk to a lawyer to discuss whether your case is likely to succeed and how to prepare to succeed.

Even after a year's time, it is not easy to obtain a modification of legal decision making or parenting time. A family law judge will grant such a petition only if there has been a substantial and continuing change of circumstances since the entry of the original order. The burden of proof is on the parent asking for a modification of custody or parenting time, to demonstrate that it is in the child's best interests.

Scottsdale Custody Modification Attorney

If you believe your child is being harmed in the other parent's environment and wish to petition for a temporary modification, talk to me, Elizabeth J. Martinez. I can advise you on how to improve your chances of success by documenting communications and otherwise keeping good records as evidence. In some extreme cases, it may be necessary to file an emergency motion for immediate and temporary sole custody, without notice to the other party. If the court grants such a motion, a hearing will be held within 10 days so that the court can hear what the other party has to say.

For counsel on pursuing any other type of change (such as how to relocate or prohibit relocation of your child), contact me, and I will gladly review your situation and offer preliminary advice that you can begin to put to use right away.

Contact Us

Contact me, Phoenix post-divorce modification attorney Elizabeth J. Martinez, to schedule a consultation, with no further obligation implied.