As the best child custody lawyers in Gilbert AZ we often get asked, “what should I ask an attorney in my child custody modification consultation?” You are receiving this video because you’ve contacted our office and scheduled an appointment with one of our attorneys to discuss modification of parenting time and or legal decision making. We want you to know how much we appreciate you giving us an opportunity to meet with you to discuss these important legal issues. We know that family law cases can be stressful and especially cases involving modification where you may have been doing something for a while and now something has changed that necessitates you coming back to court and asking the judge to change your current orders. Modification always requires that the person seeking modification demonstrate to the judge that there’s been some kind of substantial and ongoing change of circumstances. So in order to maximize our time together, I’m sending you this video to consider some issues that we’re going to need to discuss. First and foremost, we need to discuss what has changed in your life and your circumstances that led you to come to my office and discuss your case with me.
Changes of circumstances can vary from case to case. In some cases they can be very dramatic. For example, a parent gets arrested for a DUI or there’s been some sort of domestic violence. Other times it can be a little less dramatic. For example, a parent moves further away from where the children are living or they want to relocate out of state. So the first question I’m gonna ask you to consider and come prepared to discuss is what specific circumstances have changed that make you feel like the judge needs to modify your current orders. With custody cases we generally talk about legal decision-making and the parenting schedule itself. For the very same reasons, I want to discuss what specifically you want to change with regard to legal decision making. If you currently share joint decision making with the other parent, my presumption would be that you’re going to be asking the court to give you either sole decision-making or final say. Come prepared to discuss why you think that change needs to take place, keeping in mind that with legal decision making and with parenting time, courts are generally going to be looking at fitness issues related to another parent. If you’re asking the court to change the parenting schedule, please come prepared with a proposed parenting schedule and why are you think that schedule would be in the best interest of your children. Do you think that your parenting schedule needs to go to every other weekend schedule? If so, why? Do you want to change your schedule from every other weekend to a week on, week off or an equal parenting plan? If so what has changed in your case that justifies going to that new schedule and why is it in the best interest of your children? These important questions allow us to analyze your case and give you the best advice possible to determine whether or not your modification can be successful.
Modification cases are not easy. They are very stressful. A lot of times, there’s a lot of tension between parents even after the divorce and that leads people to come to court and want to change things. It’s very important that were able to discuss the specific reasons why you want to change the plan and whether or not those reasons will be justified under Arizona law. Once again, we thank you for giving us the opportunity to meet with you. We really do appreciate it and look forward to meeting with you soon. Thank you.
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