Chandler, AZ- An Arizona Appeals Court ruled on February 5, 2016, that a parent who asked for a modification of their Parenting Plan must wait at least a year before moving as outlined by states law.
The Court of Appeals ruling was issued for a case in which both parents were awarded joint custody of their child in 2009, the Arizona Daily Sun reported. In 2014, the father wanted to get more visitation time with his son, so he asked a court to change his Parenting Plan.
In 2014, the father was granted more visitation time and a month later learned that his former spouse planned to move out of state within a short time. After learning of the move, he filed for another modification, and the court eventually sided with him.
An appeals court judge ruled the move violated their Parenting Plan and held that even if a parent is planning on moving, they must still go through the mediation process to modify their Parenting Plan. Moving is not an exemption to the rules and the wait time applies in all cases.
So, what is the process of changing a Parenting Plan? Our team of divorce lawyers in Arizona will give you a brief overview of the process.
Arizona law requires most parents who request a modification of a Parenting Plan meet mediation requirements before their plan is approved.
In this case, the mother wanted to move, but a parent may ask for a modification of their parenting plan for different reasons. One parent may simply want to spend more time with their child, or they need to change their support payments. Whatever the reason, a couple that wishes to change their Parenting Plan, they have a couple of options which one of our divorce lawyers in Arizona will discuss.
If a couple agrees to the modification, all they need to do is fill out the appropriate paperwork and notify the court. The plan still must be approved by a judge but, if there is no disagreement, there should be no other delays.
But if there is contention and parents cannot resolve their disputes through the mediation process, they must rely on a judge to decide on a plan modification. Mediation entails a series of meetings between the two spouses, their attorneys and a mediator. During these meetings a couple and their reps discuss the plan modification, and negotiate with one another to come to an agreement. Mediation is time-consuming, but it is typically successful and is a less expensive alternative to taking a case to court.
Whether you need help with changing a Parenting Plan, filing for divorce or obtaining child support, you need a divorce lawyer in Chandler, Arizona on your side assisting you with all aspects of your divorce. USAttorneys can connect you with a lawyer near you to talk about your divorce and what steps you need to take next.