Q: I am seeking council on how to legally increase my parenting time to equal parenting time with my children?
Primary residence was granted to my children's father in August of 2018. I was ordered to have parenting time with my children only every other weekend. I was in graduate school at the time of the divorce to try to better myself and make a new life for my children and I which I believe hurt me in the final decision for parenting time as issued by the judge. However, since graduation in December of 2018, I have sought out more time with my children. Sometimes the father allows this and other times he doesn't. When he is upset or annoyed with me, he brings up the order and cuts off any extra time I seek with them. I believe it is in the best interest of my children that parenting time be changed to equal parenting time. I would like to speak to someone about this and see what my options are. My son is 12 and my daughter is 4. My son has expressed a desire to live with me every other week. I would like to discuss this further with a family lawyer. Thank you
A: It has been over one year from the last Order so you can go back and ask for equal time if there have been substantial and continuing changed circumstances. Most attorneys have free initial consultations so that additional details can be discussed regarding this matter.
Jay Hall agrees with this answer
A:
Arizona does allow you to file a petition to modify parenting time under certain circumstances. I do not know how old your current orders are, but our current statutes lean heavily towards equal parenting time. Pursuant to Arizona law, your Judge will be required, consistent with the child's best interests, to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time.
Please know that there is NO age in Arizona when a child simply gets to decide. Your Judge is required to consider the desires of the child, but this is only one factor of many.
Please call or email soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better via video or phone consultation. As you can imagine, there is too much to cover via email. We offer free ½ hour consultations, in which we can discuss your matter in detail.
Please call or email to schedule your free ½ hour consultation.
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