questions & answers

Question: I filled for custody back in 2009 and we were awarded joint custody. The father of my children has no contact with our children. I want to modify for sole custody . I'm not sure if any judge will change the order? What forms do I have to file?

Answer:  A family court judge can modify a custody order, but the petition for modification generally cannot be brought until one year after the original order is made.  A.R.S. 25-411  http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00411.htm&Title=25&DocType=ARS  As with the original determination, the court will make its decision based on the “best interests of the child” standard.  A.R.S. 25-403  http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS  This means that the court will examine all relevant information including, but not limited to, (1) the past, present, and potential future relationship between the parent and the child; (2) the interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest; (3) the child's adjustment to home, school, and community; (4) the wishes of the child; (5) the mental and physical health of all individuals involved; and (6) which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent.  A.R.S. 25-403  http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00403.htm&Title=25&DocType=ARS 
The forms that must be filed to request a modification of a legal decision making order can usually be found under the Family Law section of each county’s Superior Court website.  The Self-Service Centers in the Superior Court buildings should also have the forms.  If you are uncertain which forms to complete, contact the clerk of the Superior Court for your county.  A list of links to each county’s Superior Court website can be found here.  http://www.azcourts.gov/AZCourts/SuperiorCourt.aspx