Sharing parenting time and responsibilities after divorce or separation allows both parents to have the opportunity to play a meaningful role in their child’s life. Arizona courts often advocate for the idea that children benefit from having both parents involved.
However, situations can change. One parent may later ask the court to award sole legal decision-making responsibilities instead.
Grounds for seeking sole legal decision-making
Sole legal decision-making gives one parent the exclusive authority to make major life decisions for the child. While this parent is often the primary residential parent, “sole decision-making” does not automatically mean the other parent loses all parenting time (visitation).
To change an existing order in Arizona, the parent requesting the change must generally wait at least one year from the date of the previous order, unless there is evidence that the child’s present environment places them in serious physical, mental, moral or emotional danger.
To succeed, the petitioning parent must prove there has been a substantial and continuing change in circumstances affecting the child’s welfare.
In other words, something significant must have happened since the original order. This could refer to harmful behavior from the other parent, such as substance abuse, neglect, physical abuse or refusal to follow the parenting plan. A court will not approve a change just because one parent feels unhappy with the current arrangement.
How do courts decide whether to make changes?
The court will examine many factors before approving a change to sole legal decision-making. These include the mental and physical health of each parent, each parent’s ability to provide stability and the relationship between the child and each parent. The court may also consider the child’s preferences if the child is old enough to express a mature opinion.
If one parent repeatedly interferes with the other’s parenting time or refuses to communicate, the court may decide that joint custody no longer serves the child’s needs. In these cases, the court may transfer legal decision-making to the more cooperative parent.
The importance of evidence
Changing custody requires strong evidence. Parents should keep records of serious problems that result from the other’s actions. Witness testimony and documented incidents can help support a request for sole custody.
