A Guide for Divorced or Separated Parents
Parenting time, also known as visitation, plays a critical role in ensuring both parents maintain meaningful relationships with their children after divorce or separation. But as life circumstances change—whether due to work schedules, relocations, or the child’s needs—parents may need to modify an existing parenting plan. If you’re considering a parenting time modification in Arizona, it’s important to understand your legal rights and the process involved.
When Can Parenting Time Be Modified in Arizona?
Under Arizona Revised Statutes § 25-411, either parent can request a modification of parenting time, but there must be a significant and continuing change in circumstances that affects the child’s well-being. In Arizona state law requires one year to have passed before the filing of a petition to modify. However, in unique circumstances it can happen sooner than one year.
Common reasons for modification include:
- A change in one parent’s work or school schedule
- Relocation of a parent to another city or state
- The child’s educational or medical needs
- Evidence of substance abuse or unsafe conditions in the current arrangement
- The child reaching an age where their preference is considered
Arizona family courts prioritize the best interests of the child when evaluating any request to alter the parenting plan.
What is the Process for Modifying Parenting Time?
To modify parenting time in Arizona, you must follow these steps:
- File a Petition
The parent seeking the change must file a “Petition to Modify Parenting Time” with the same court that issued the original custody order. - Notify the Other Parent
Legal notice must be served to the other parent, who then has the opportunity to respond. - Attend Court Hearings
If the parents cannot agree to the change outside of court, a judge will schedule a hearing to determine whether the modification is in the child’s best interests. - Provide Evidence
Documentation such as school records, medical reports, or witness testimony can help show why the proposed changes are necessary.
Do I Need an Attorney to Modify Parenting Time?
While it’s possible to file for modification without legal representation, navigating Arizona family courts can be complex. A skilled family law attorney can help:
- Ensure paperwork is completed correctly and filed on time
- Present strong evidence and arguments to the court
- Negotiate favorable terms during mediation or settlement discussions
- Advocate for your parental rights during a court hearing
Rideout Law Group’s family law team has helped countless Arizona parents update parenting plans in a way that protects their children and respects their evolving family needs.
Can My Child Decide Where to Live?
Arizona law allows judges to consider the preferences of older children, especially if they demonstrate maturity and their choice supports their well-being. However, the final decision always rests with the court.
Internal Linking Suggestions:
- Child Custody Lawyer in Lake Havasu
- Family Law Attorney in Scottsdale
- Arizona Divorce Law Guide
- Protective Orders in Arizona
At Rideout Law Group, our experienced family law attorneys in Scottsdale and Lake Havasu City help parents throughout Arizona navigate parenting time modifications with care and legal precision.
Contact Rideout Law Group
Scottsdale Office
📍 11111 N Scottsdale Rd, Suite 225, Scottsdale, AZ 85254
📞 (480) 584-3328
Lake Havasu City Office
📍 2800 Sweetwater Ave, Suite A104, Lake Havasu City, AZ 86406
📞 (928) 854-8181
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Need help modifying parenting time in Arizona? Contact us today to schedule a confidential consultation with an experienced family law attorney.