Parental Rights & Obligations

questions & answers

Question: I share joint custody of our 10 year old with my exhusband (I am primary), am I able to modify our visitation agreement if has not taken our son to school (called him in absent) for the last 5 Fridays in a row without my knowledge or consent?

Answer:

A.R.S. § 25-403.02 states that before joint custody is awarded a parenting plan must be submitted that includes:

1. Each parent's rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training.
2. A schedule of the physical residence of the child, including holidays and school vacations.
3. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling.
4. A procedure for periodic review of the plan's terms by the parents.
5. A statement that the parties understand that joint custody does not necessarily mean equal parenting time.
6. A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B.

B. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child.

A.R.S. § 25-414 discusses violations of a parenting plan or visitation order.

A.R.S. § 25-411 discusses modification of a custody decree. That statute explains that a person can not make a motion to modify a custody decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health (A.R.S. § 25-411(A)). After six months a joint custody order may be modified by a parent based on the failure of the other parent to comply with the provisions of the order (A.R.S. § 25-411(A)).

Many superior courts have information and forms online. For example, forms for Maricopa County Superior Court can be found on the Superior Court's website. All superior court websites can be found through the Arizona Supreme Court's website.