Whether you’re undergoing a divorce or a custody battle, legal decision-making in Arizona can be a daunting process. While it is possible to modify legal decision-making orders, doing so can be complex. In this article, we’ll look at the key things you need to know about how to modify legal decision-making in Arizona.
What Is Legal Decision-Making?
Legal decision-making refers to the right to make important decisions concerning a child’s upbringing. These decisions may include matters related to education, religious upbringing, healthcare, and welfare. Legal decision-making can be awarded to one or both parents, or to a third party.
Grounds for Modification
In Arizona, legal decision-making orders can be modified as long as there has been a substantial and continuing change in circumstances since the previous order was made. This is a high bar that requires more than just a minor change in circumstances. Examples of changes that may qualify include:
- A significant change in the child’s needs
- A parent’s relocation
- A parent’s incarceration
- A parent’s mental or physical health deterioration
- A parent’s failure to comply with the current legal decision-making order.
Steps to Modify Legal Decision-Making
If you believe that there has been a substantial and continuing change in circumstances that warrants modifying the current legal decision-making order, here are the key steps to follow:
Step 1: Filing a Petition
Obtain and complete a "Petition to Modify Legal Decision-Making" form from the court.
Step 2: Serving the Other Party
Serve a copy of the petition on the other party in compliance with Arizona Rules of Family Law Procedure. This is typically done by mail or by a process server.
Step 3: Going to Court
Attend all court hearings and conferences. Be prepared to present evidence to support your case.
Step 4: Reaching an Agreement
If both parties can come to an agreement, the court may modify the legal decision-making order without a hearing.
Step 5: Obtaining an Order
If the court determines that there has been a substantial and continuing change in circumstances, it will modify the legal decision-making order and issue a new order.
How to Present Evidence to Modify Legal Decision-Making
When you file a petition to modify legal decision-making in Arizona, you must present evidence to support your request. The evidence you need to present can include:
- Testimony from both parties
- Reports from professionals, such as a child’s therapist or a doctor
- Documentation related to the substantial and continuing change in circumstances
- Any other evidence that supports your case.
The Importance of Working With a Legal Professional
Modifying a legal decision-making order in Arizona can be complex, and requires strict adherence to the rules. While it’s possible to navigate the process without a lawyer, it’s generally recommended to work with a family law attorney. An attorney can help you understand your rights and the legal process, and they can assist you in presenting evidence to support your case.
Conclusion
Modifying a legal decision-making order in Arizona is not easy, but it is possible. As we’ve seen, the key is presenting convincing evidence of substantial and continuing changes in circumstances. If you’re struggling to modify a legal decision-making order, we recommend working with a family law attorney who can guide you through the process. By doing so, you can do everything possible to ensure that your child’s best interests are protected.