Legal Question in Family Law in Arizona
Reasons for change of custodial parent
What generally constitutes grounds to change the custodial parent? My step son lives with his mother. She is single and has had 3 different men live with her or she will move to live with them. They are now living with a relative. All of these moves have required my step son to change schools (he is 6 and has attended 4 different schools). This seems to be very unstable for him. She also denies my husband his rights to spend holidays (Christmas, Thanksgiving etc.) with his son. Even though the court papers specify every other year. We feel we could provide more stability for him. Would my husband have any luck gaining custodianship of his son?
2 Answers from Attorneys
Re: Reasons for change of custodial parent
The court will entertain a petition for change in custody (or a change in primary residential parent - two different things) if the requesting parent can demonstrate a change in circumstances from the time the current order was entered. So if things have changed, the court will consider a modification. But if the problematic conditions existed at the time the judge made the order (or at the time the parties agreed to the current situation), it would not be appropriate to modify.
I hope this information is useful. If I can be of further assistance, please contact me at [email protected] or (480) 792-9770.
Monica H. Donaldson, Esq.
Re: Reasons for change of custodial parent
Basically, the Court looks at the overall best interests of the minor children. By statute, a Court is required to consider all relevant factors, including:
1. The wishes of the child's parent or parents as to custody.
2. The wishes of the child as to the custodian.
3. 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.
4. The child's adjustment to home, school and community.
5. The mental and physical health of all individuals involved.
6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent.
7. If one parent, both parents or neither parent has provided primary care of the child.
8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody.
I can explain the likelihood's better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). In summary though, I like your Husband's chances of getting things changed in some degree.
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 Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & 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
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