questions & answers

Question: What needs to happen to get a divorce decree modified as to custody. What are the determining factors - proof of immediate danger to the children? For instance I hate the guy my ex married and I think hes a terrible guy - he had a questionable past including a short time in jail. Is that enough to modify custody?

Answer:

Either spouse may modify a custody order, however there are certain limitations. A custody decree cannot be modified earlier than one year after the date of the earlier order, unless the court has reason to believe the child’s present environment may endanger its physical, mental, moral, or emotional health. The court must also consider whether there has been domestic violence in the family. Drug or alcohol use by a parent may also constitute such a change. ARS 25-411 

 After one year of the earlier order, either parent may request in writing that the court modify a custody order. It must be shown that changing the existing order will serve the best interest of the child. The request is filed with the Clerk of the Superior Court and a filing fee is charged. 

  For more information on custody, please visit Title 25, Chapter 4 of the Arizona Revised Statutes. Also, our FAQ on child custody may be helpful.  We can provide resources and factual data concerning the Arizona legal system, but cannot offer legal advice concerning what is considered enough to modify custody. Please consult with an attorney for further help.