If your situation has changed significantly after the issuance of a divorce decree or if a family court order needs to be modified, you may seek a modification of the current order, if there has been a substantial change in circumstances or a breach or violation of the underlying orders. The qualified divorce and family law attorneys at Goldstein & Scopellite, PC will be there to review the evidence you have to determine if you have the legal grounds to modify the orders and they can represent you in a variety of modification proceedings, including:
For any child support, child custody, parenting time, legal-decision-making or divorce modification assistance need in Tucson, Arizona, contact Goldstein & Scopellite, PC.
Anyone seeking the modification of their divorce orders, their child custody orders or a visitation order should consult with our experienced divorce, family law and child custody lawyers who can review the facts of your case and help you make an informed decision about how it is best to proceed.
To obtain a modification to a visitation or custody order, the moving party must demonstrate a substantial change of circumstances or an emergency since the entry of the previous court order. The moving party must also demonstrate that any proposed change is in the best interest of the child. Our qualified attorneys will be there to assist you through the legal process and to make sure that you and your family’s interests are protected.
In Arizona, the court has the authority to restrict a parent from moving with their child to a new state or moving to a new location that is a significant distance away from the current jurisdiction and away from the other parent in that same jurisdiction. If a jurisdiction is designated in the order and the custodial parent wishes to move, requesting to modify this order is more difficult, as this move will affect the visitation rights of the non-custodial parent in that jurisdiction. In fact, even if your current order is void of a jurisdiction limitation, the parent wanting to leave the state with the child will still need to seek authority from the court in order to move, unless there is proper language in the current order specifically allowing the custodial parent to move the child to another jurisdiction and setting forth orders and arrangements for travel and expense relating to the child. A custodial parent who wishes to move the child to a new location must either obtain the agreement of the non-custodial parent in order to move or they must seek permission from the court, and either way, a petition to modify will need to be filed and new orders will need to be entered with the court, which detail how, when and the expenses involved in the child(ren) being able to see the non-custodial parent.
If you are involved in a move-away dispute, whether you are the custodial parent or the non-custodial parent, call our office to retain an experienced family law attorney before filing or responding to a modification request. A qualified child custody attorney can help advise you as to the circumstances and types of situations that may warrant relocation and how to defend against a move. If the parties do not agree, our family law lawyers will work with you and guide you through the modification process, which will may include drafting, filing and having a hearing to have a social study conducted to determine whether relocation would be in the best interest of the child(ren) and possibly a trial on the merits, if necessary. Our qualified family law lawyers will protect your rights and we will advocate on your and your child’s behalf throughout the social study, mediation process, negotiations for settlement, at any hearing necessary, and at the final hearing before the court.
If you are dealing with custody disputes or child parenting time disagreements, and if you need to speak with an experienced family law attorney about modifying a current order based on visitation, moving, child support, school or medical issues, or for any other reason, or if you are interested in having one of the experienced family law attorneys at Goldstein & Scopellite, PC represent you in a modification, please contact our attorneys at our Tucson, Arizona office at 520-365-3185. You may also contact us by e-mail.