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Custody Order Modification Lawyer in Tempe

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You may need to modify a child custody order in Tempe for several reasons. For example, you may need to adjust your visitation schedule after starting school or a new job. Your former spouse may be arrested on a substance abuse charge, and you fear for your child’s safety.

If you need to change your custody order, you need an attorney on your side—and the Law Office of Karen A. Schoenau can help. Our Tempe custody order modification lawyer can guide you through the legal process, helping you prepare paperwork and advocating for your needs during trial or mediation.

Why Choose Us

  • Our firm prioritizes your child’s best interest in every decision we make. Our attorney will fight aggressively for your child’s rights during each stage of the process.
  • We understand how difficult and sensitive custody order modifications can be. We will treat you with compassion and respect from consultation to resolution.
  • Our attorney has won multiple awards recognizing her dedication to our clients, including the 2019 Maricopa County Bar Association Volunteer Lawyers’ Program Attorney of the Year.

How to Modify a Child Custody Order in Tempe

Under Arizona law, you have the right to modify a child custody order once one year has passed since the court initially entered the order or divorce decree. You will need to file a petition for modification, serve your spouse with the petition, and enter court proceedings or mediation to resolve the issue.

If you believe your child is in danger under your current custody arrangement, you can file your petition sooner than one year after the order was entered. Through an Emergency Petition to Modify Parenting Time or Child Custody, the court can change or eliminate parenting time quickly before scheduling an evidentiary hearing. At the hearing, the court will decide whether to eliminate, keep, or modify the emergency petition.

You will need to show the presence of one of the following circumstances in order for the court to grant an emergency petition.

  • Your child’s physical, mental, moral, or emotional well-being is at risk due to his or her present environment.
  • Domestic violence, spousal abuse, or child abuse has occurred.

Can You Modify a Tempe Child Custody Order Without Going to Court?

When your petition is filed and your former partner has delivered a response, you can modify your custody order through mediation or by going to trial. In certain situations, your case may need to proceed to the courtroom, especially if you are filing an emergency petition out of fear for your child’s safety. In many cases, however, it may be in your best interests to reach a resolution through mediation.

Mediation is a process where you and the other parent try to come to an agreement on the child custody order modification without going to court. A neutral third-party mediator will guide you through the decision making, and you have the right to have your attorney participate in this process. Mediation is typically less expensive, faster, and more predictable than having the court make these decisions on your behalf. To determine whether mediation is right for your case, speak to a lawyer at the Law Office of Karen A. Schoenau as soon as possible.

Schedule a Consultation Today

If you want to modify your child’s custody order, the Law Office of Karen A. Schoenau can help. Reach out to our office or call 480-467-3435 today to discuss your legal options with a Tempe custody order modification lawyer.

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