The One-Year Rule

Under A.R.S. § 25-411, a parent generally cannot file to modify legal decision-making or parenting time within one year of the last order. Exceptions apply where there's evidence the child's current environment seriously endangers their physical, mental, moral, or emotional health, and where a joint legal decision-making order has been violated for at least six months.

What Counts as a Substantial Change?

A significant change in the child's needs
A substantial change in a parent's work or living circumstances
Repeated problems with an existing parenting-time schedule
A parent's failure to comply with an existing order
Relocation or a proposed move
Domestic violence or child abuse

Whether a given circumstance qualifies depends on the facts and which type of order (legal decision-making, parenting time, or both) is being modified.

The Court Process

Modifying an order means filing a verified petition with the required supporting facts under A.R.S. § 25-411, generally participating in mandatory conciliation or mediation, and proving the change serves the child's best interests. Maricopa County Superior Court uses separate procedures depending on whether you're modifying parenting time, legal decision-making, or child support.

Will the Court Approve an Agreed Change?

Not automatically. Even when both parents agree, the correct court procedure still has to be followed, and the court independently evaluates the child's best interests before approving it.

Modifying an Order in Phoenix and Maricopa County

Our post-decree modification attorneys evaluate whether your circumstances meet the statutory threshold and handle the filing. We also assist with contested child custody modifications and enforcement when an existing order isn't being followed.

Get in touch today for help with your case! Contact us online or at (602) 878-3133.
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