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Custody Order Modification Lawyer in Mesa

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An Arizona child custody order contains a number of important rules and schedules that divorced or separated parents must follow when caring for their children. However, situations may arise where you may need to change a provision in a custody order. In these situations, a Mesa custody order modification lawyer can help you navigate these proceedings and secure an optimal resolution. The Law Office of Karen A. Schoenau can represent your case and protect your rights during the custody order modification process.

Why Choose Us

  • Since 1987, our attorney Karen Schoenau has represented Arizona families in complex legal proceedings, specializing in complex child custody cases, spousal maintenance, child custody modification, and other family law matters.
  • Our firm prioritizes the best interests of children when crafting case strategies and representing our clients. We will place your child’s needs at the heart of every decision we make.
  • Modifying a Mesa custody order can be a challenge without an attorney on your side. Our firm will handle all aspects of your case on your behalf, reducing the stress and burden of the process.

When Would You Want to Modify a Mesa Custody Order?

There are many reasons why you may need to modify a custody order in Mesa. For example, you may begin a new job and need to adjust your visitation times to accommodate your new schedule. In other cases, you may believe that your child’s present environment poses a risk to his or her safety and want to ask the court for sole custody.

You have the right to modify an Arizona custody order if you can show that a substantial and continuing change of circumstances has taken place. You will also need to show that the custody order modification would be in the best interests of your child. In most cases, you cannot enter a custody order modification for at least one year after the court issues it.

However, you can modify your custody order earlier if you can prove that one of the following circumstances apply to your case.

  • Your child’s environment may seriously endanger his or her physical, mental, emotional, or moral health.
  • Domestic violence, spousal abuse, or child abuse has occurred.

How to Modify a Child Custody Order

You can modify a child custody order by filing a petition with the court that has jurisdiction over the agreement. Once you file the Mesa custody order modification petition, the court will schedule a hearing between you and your former spouse and decide whether to modify the order in accordance with your requests. The court will consider a number of factors when deciding your case, including the following.

  • The presence of domestic violence or child abuse
  • The amount of custody that each parent holds
  • Whether one parent has experienced a material change in income or assets
  • The wishes of the parents regarding the custody agreement
  • The preferences of the child if he or she is of suitable age or maturity
  • How the child would adjust to a substantial change in their home, school, or community
  • The relationship that the child has with each parent
  • The mental and physical health of all parties involved

Your attorney from the Law Office of Karen A. Schoenau can help you prepare for this hearing and establish your case for modifying the Mesa custody order.

Should I Get a Lawyer for Child Support Modification in Mesa?

There are processes you may be able to use to request child support modifications without requiring an attorney. However, to ensure that your rights are protected and your child’s best interest is prioritized, we recommend seeking counsel from an experienced Mesa child support modification attorney. You’ll typically be required to attend a court hearing in front of a family law judge, which can be challenging and stressful. Our modification attorneys help you compile information for the hearing, work with you to practice your argument, and provide guidance.

Preparing for a Custody Modification Hearing

A child custody hearing in Mesa gives you an opportunity to present your evidence and argument to the judge so they can fairly determine your case’s next steps. The impression you give during your custody modification hearing can potentially impact your case for years into the future, so you want to prepare carefully with your attorney before every hearing. Well in advance, compile evidence that supports your position decide which topics you’d like to focus on. Submit copies of your argument to the judge beforehand, and make sure to have additional copies with you on the day of the hearing.

Most Mesa custody modification hearings do not have witnesses present, but you may submit written testimony, such as character reference letters. Other evidence you may want to pursue includes:

  • Medical records
  • Logs of phone calls or visits with the other parent or child
  • Report cards
  • Other relevant documents

Depending on the desired outcome of your family law case, you may want to present a suggested parenting plan. Be prepared with a well-structured outline of the parenting plan, the reasons you think the new plan is ideal, and copies for the judge. Doing so can help you receive the parenting time you desire.

What Happens at a Mesa Custody Modification Hearing?

A custody modification hearing rarely lasts longer than thirty minutes. Your hearing will take place in a courtroom open to the public. You can safely assume that other people, including those waiting for their own hearing, will be watching. The family law judge typically begins with procedural information. The parent that filed the request for custody modification (or their legal representation) may speak first, followed by the other apparent or their family law attorney.

Both parents are sworn in as witnesses and questioned by the judge. Although the judge has some knowledge of your case, it’s best to proceed as though they are unfamiliar with your situation so no information is overlooked. Based on the information shared during the Mesa custody modification hearing, the judge may:

  • Order a child custody evaluation
  • Order another hearing or a trial
  • Appoint child’s counsel
  • Give temporary custody orders

Schedule a Consultation Today

If you are seeking to modify a custody order, you need an attorney on your side. The Law Office of Karen A. Schoenau fights diligently for your rights and your child’s best interests. Contact our family law team today or call 480-467-3435 to schedule a consultation.

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