Legal Question in Family Law in Arizona
child custody modification
Iv been divorced for almost a month now and seperated for three. I have a two yr old son, and full physical custody. My Ex has visitation on Wednesdays and every other weekend. He hasn't seen my son but three times since the divorce. Iv heard I have to wait a year to petition for a modification for sole custody. Is this true? I have also heard that most judges don't modify custody unless there are major changes in circumstances. Is my exes lack of interest enough to be granted sole custody? If so what forms do I need and where can I get them?
2 Answers from Attorneys
Re: child custody modification
You will need to wait one year to seek a modification of the legal designation (i.e. joint legal to sole legal).
But you do not need to wait to seek an Order which limits his time consistent with what he is actually doing. This might also affect child support.
We can absolutely help.
I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.
/s/ Rich J. Peters, Attorney
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R. J. PETERS & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254.1229 (facsimile)
see our web page at www.familylawaz.com
Re: child custody modification
It's true that you need to wait one year before modifying custody. However, what would the modification give you that you don't already have, other than sole legal decision making. In my experience, once you petition to modify to reduce his visitation to his actual visitation, the opposing party usually starts taking their court ordered visitation time. You have only been divorced for one month, you really need more time to go by. Good luck and happy Thanksgiving.
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