Phoenix Child Custody Modification Attorneys

Divorce decrees spell out the rights and obligations of each parent. However, you can go back to court to modify your divorce decree if your circumstances have changed and you meet other statutory criteria. For example:

If you desire to spend more time with your children, you can seek to change visitation rights through a modification of your decree and/or parenting plan.
You can seek custody of your children and supervised visits if the other party is doing something inappropriate or harmful to your children.
If income of one of the parents has changed to the point where child support payments would be increased or reduced by at least 15 percent, you can seek to modify your child support payments.

Changing Physical Custody In Phoenix

In Arizona, child custody refers to the right of a parent to make decisions about the care and welfare of a child. Physical custody refers to where a child lives. In many cases, the child lives with one parent most of the time and the other parent has visitation through a parenting time schedule.If the child custody and parenting time order created at the time of your divorce is no longer appropriate, you can seek a modification. At DeShon Laraye Pullen PLC, in Phoenix, our lawyers help parents secure modifications to both child custody and parenting time.

When Can Physical Child Custody Be Changed?

In determining whether to change a custody order, courts are concerned solely with the best interests of the child. The following are examples of circumstances that can precipitate a change in child custody and parenting time:

The child’s adjustment to school, home or community
For an older child, the child’s preferences
A change in the parent’s lifestyle that affects the child’s well-being (such as drug or alcohol use)
Sexual abuse
Domestic violence
Other circumstances that affect a child’s physical, mental, moral or emotional health
Relocation
A change in a parent’s employment

Baring special circumstances, you must wait one year from the date of your previous child custody order before requesting a change. If your child’s safety or health is in danger, however, you can seek immediate relief from the court.

A custody evaluation is a valuable tool if you are seeking to modify your child custody and parenting time order. A child custody evaluation can provide the court with the evidence it needs to support a successful petition for modification.

Child Custody Modification

Is your current child custody order no longer appropriate for your current circumstances? We can help you secure a modification of that order.Every family changes as the children grow and the parents’ lives progress. While child custody orders do their best to foresee an evolving situation, they cannot foresee every eventuality. Factors that may precipitate a change in child custody include:

Diagnosis of a medical condition
Physical abuse
Sexual abuse
Drug abuse on the part of a parent/stepparent
Alcohol abuse by a parent/stepparent

A custody evaluation is a valuable tool if you are seeking to modify your child custody order from joint to sole custody. A child custody evaluation can provide the court with the evidence it needs to support a successful petition for modification.

Child Support Modification

When the conditions on which child support obligations were set change, you can seek to modify the court-ordered support. For the court to grant any petition for modification of child support, it will require a substantial continuing change. It cannot be a temporary change, and it must be substantial, i.e., it must change the obligation by at least 15 percent.Some of the conditions that may merit a modification to child support levels include:

Loss of a job
Substantial loss of income
Substantial increase in income
A child turning 18 years of age

Even if your child’s other parent is not currently employed, the court can assign income based on past earnings.

Our highly skilled and experienced family law attorneys can help you file a strong petition for a modification of current child support obligations.

Child Visitation Modification

The visitation plan that worked for you at the time of your divorce may not work for you today. If your visitation schedule is no longer appropriate for your current circumstances, our lawyers can help you secure a modification of that order.At DeShon Laraye Pullen PLC, in Phoenix, Arizona, our lawyers represent mothers and fathers who wish to modify visitation (also known as parenting time). In some cases, parents with visitation contact us because they want to spend more time with their children or see them on a different schedule. In other cases, parents with primary child custody wish to restrict their ex’s visitation.

Modifying Child Visitation In Arizona

Factors that can precipitate a change in visitation include:

The current plan is no longer appropriate given the age of your child
A change in work schedule
Employment or unemployment
Relocation
Child preferences
A change in a child’s performance at school
Drug or alcohol use
Physical or sexual abuse
Exposing a child to domestic violence or inappropriate behavior
An unsafe environment

In determining whether to modify an existing visitation plan, courts are concerned solely with the best interests of the child rather than the desires of the parents. The law in Arizona says that it is in the child’s best interests to have substantial contact with both parents, absent issues such as child abuse, domestic violence and child safety.

In addition to modifications, our lawyers can assist you with enforcement of existing visitation schedules if you are facing issues such as:

Failure to provide visitation
Failure to timely return a child to the custodial parent following visitation

Custody Relocation

In today’s fast-paced society, people are forced to move more often they used to. Relocation can be caused by a new job, school, career change, family needs or other reasons. However, relocating after a divorce can be extremely difficult. Custody and visitation are inevitably impacted.Are you considering moving with your children, or is your ex-spouse trying to move out of state with your children? Call DeShon Laraye Pullen PLC, at 602-626-9552 or 800-409-0262 to arrange your initial consultation* with experienced Phoenix child relocation attorneys.At DeShon Laraye Pullen PLC, our goal is to negotiate an amicable agreement between the parties without the need for costly litigation. If this can be accomplished, it will save the parties time and money, and provides you a say in the outcome rather than forcing a judge who does not have sufficient information about you or your children to make the decision for you.However, there are times when an agreement cannot be reached. In these situations, we aggressively fight to protect your interests. We help many parties achieve their custody and visitation goals involving child relocations. We may also be able to help you.

Protecting Your Family By Planning Ahead

If you know that you will be relocating out of state prior to obtaining a divorce or during the divorce process, you should consult with a family law attorney who has experience with relocation issues. An experienced Arizona lawyer at DeShon Laraye Pullen PLC, can ensure the court order (divorce decree) anticipates this possibility to avoid confusion and possible litigation at a later date when the relocation occurs.

Modifying Parenting Time In Arizona

The goal of a parenting plan is to preserve a loving relationship between parents and children following a divorce or separation. A written parenting plan provides consistency and predictability of contact between a child and both parents. It also provides an enforceable order if there are disputes.Unfortunately, circumstances change and the parenting time schedules that worked for you in the past may no longer be appropriate today. At DeShon Laraye Pullen PLC, in Phoenix, our lawyers help parents secure modifications to parenting plans when appropriate.

Modifying Parenting Time Schedules In Arizona

In Arizona, our law says that it is in the child’s best interests to have substantial contact with both parents, barring special circumstances such as abuse or child safety issues. However, families change over time and parenting schedules may need to change as well.

The following are examples of issues that can precipitate a change in parenting time:

Relocation
A change in employment
A change in a parent’s lifestyle or home environment
Changes in a child’s school schedule or extracurricular activities
The child’s preferences
Issues such as mental illness, drug use or alcohol use
Changes in a child’s performance in school
Physical or sexual abuse

Our attorneys have more than 30 years of combined experience helping parents secure the parenting time agreements they need. In addition to modifications, our lawyers can assist you with enforcement of existing parenting schedules if you are facing issues such as failure by one parent to provide parenting time to the other.

Phoenix Spousal Maintenance Modification

Spousal maintenance may or may not be modifiable, depending on the circumstances of the case. Some spousal maintenance orders specifically prohibit modifications. If there is not a specific provision in the order prohibiting modifications, then it may be possible to obtain a change in the spousal maintenance amount or duration.At DeShon Laraye Pullen PLC, we regularly obtain modifications in family law orders. An attorney at our firm can review your situation and discuss your options.

Post-Decree Spousal Support Changes In Arizona

The amount of spousal maintenance (also referred to as spousal support and alimony) can be modified when there is a significant continuing change in circumstances. The loss of a job by the payer may not be sufficient for a modification in spousal maintenance. If the payer is compelled to take a much lower paying job due to the state of the job market however, the court may allow a modification.

Modification cases involving permanent spousal maintenance are usually highly contested, because the effects of an increase or decrease can be significant. For this reason, you should seek representation from an experienced family law trial lawyer when moving to modify a spousal maintenance order.

DeShon Laraye Pullen PLC, has handled numerous spousal modification cases. The founder of our firm,
DeShon Pullen, has extensive trial experience and has received numerous awards and recognitions.

We Protect Your Rights And Interests

When representing you, our law firm will carefully review the facts in your case and develop an appropriate legal strategy. If litigation is necessary, we will vigorously represent you in court and work diligently to achieve your goals.

DeShon Laraye Pullen PLC we will help you analyze the costs and benefits of seeking a modification. Our Phoenix modication attorneys appreciate the economic and emotional value of reaching a negotiated settlement when it is appropriate. However, we are prepared to use our trial experience to pursue your case in court when there are no reasonable possibilities of settlement. We will help you create an aggressive, winning strategy that draws on our lawyers’ years of family law experience. Contact us for all your family law needs.

Our goal is to help you obtain the result you want quickly, efficiently and economically.