Child Custody

questions & answers

Question: I have filed a petition to modify custody and have been denied a hearing. How long before I can re-file?

Answer:

WHEN YOU CAN FILE FOR A CHANGE OF CUSTODY:

 

IF THE CURRENT ORDER IS FOR SOLE CUSTODY - You can ask for a change of custody ONLY if the following applies to your case:

• at least one(1) year has passed since the sole custody order was signed by the Court, 

OR

• less than one (1) year has passed, AND there is reason to believe that the child(ren)'s current environment may seriously endanger the child(ren)'s physical, mental, moral or emotional health and you believe your child(ren) is/are at risk unless you act.

 

IF THE CURRENT ORDER IS FOR JOINT CUSTODY - You can ask for a change of custody ONLY if the following applies to your case:

•  at least one (1) year has passed since the joint custody order was signed by the Court and there have been significant changes in circumstances that you believe make a change in custody necessary for the good of the children,

OR

•  at least six (6) months have passed and you believe that the other parent has not followed the joint custody order,

 OR

•  less than six (6) months have passed, AND there has been Domestic Violence, Spousal Abuse, or Child Abuse AND you have evidence that the best interest of your child(ren) requires a change.

You are encouraged to read ARS §25-411 (re: modification of custody) carefully. Also,

note, if you filed for a modification of custody and the court denied a hearing based on the grounds you listed in the petition to modify, you may be barred from raising those same grounds as a basis for modification on a later date (i.e. in a new petition).  This is known as the doctrine of res judicata. You may want to consult with an attorney.  Whether or not you are barred will depend upon additional facts, including (but not limited to) the language of the court's order and the reasons given for denying your request for hearing.

Question: I have filed a petition to modify custody and have been denied a hearing. How long before I can re-file?

Answer:

WHEN YOU CAN FILE FOR A CHANGE OF CUSTODY:

 

IF THE CURRENT ORDER IS FOR SOLE CUSTODY - You can ask for a change of custody ONLY if the following applies to your case:

• at least one(1) year has passed since the sole custody order was signed by the Court, 

OR

• less than one (1) year has passed, AND there is reason to believe that the child(ren)'s current environment may seriously endanger the child(ren)'s physical, mental, moral or emotional health and you believe your child(ren) is/are at risk unless you act.

 

IF THE CURRENT ORDER IS FOR JOINT CUSTODY - You can ask for a change of custody ONLY if the following applies to your case:

•  at least one (1) year has passed since the joint custody order was signed by the Court and there have been significant changes in circumstances that you believe make a change in custody necessary for the good of the children,

OR

•  at least six (6) months have passed and you believe that the other parent has not followed the joint custody order,

 OR

•  less than six (6) months have passed, AND there has been Domestic Violence, Spousal Abuse, or Child Abuse AND you have evidence that the best interest of your child(ren) requires a change.

You are encouraged to read ARS §25-411 (re: modification of custody) carefully. Also,

note, if you filed for a modification of custody and the court denied a hearing based on the grounds you listed in the petition to modify, you may be barred from raising those same grounds as a basis for modification on a later date (i.e. in a new petition).  This is known as the doctrine of res judicata. You may want to consult with an attorney.  Whether or not you are barred will depend upon additional facts, including (but not limited to) the language of the court's order and the reasons given for denying your request for hearing.