A modification of custody occurs when a parent attempts to change the court-ordered award of legal custody or of physical custody of a child. Arizona Revised Statute 25-403 governs a modification of custody in this state. The statute directs the Court to examine all relevant factors to determine whether a modification would be in the best interests of the child. The Court is required to make specific findings on the record as to all relevant factors and the reasons why the decision is in the best interests of the child. The relevant factors considered by the Court include the following:
1. The wishes of the child's parent or parents as to custody; 2. The wishes of the child as to the custodian; 3. The interaction and interrelationship of the child with the child's parent or parents, the child's siblings, and any other person who may significantly affect the child's best interest; 4. The child's adjustment to home, school and community; 5. The mental and physical health of all individuals involved; 6. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent; 7. Whether one parent, both parents or neither parent has provided primary care of the child; 8. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody; 9. Whether a parent has complied with the requirement to participate in the domestic education class on children's issues; and 10. Whether either parent was convicted of an act of false reporting of child abuse or neglect.
an action for modification of custody begins when a person files a Petition for Modification of Custody, along with an Affidavit RE: Minor Children and an Affidavit stating whether any requirement that the parties participate in an alternative dispute resolution procedure prior to initiating legal action has been met. The applicable filing fee also must be paid. These documents are then served on the other parent, who has an opportunity to file a Response. After the Response is filed or the period of time to file a Response has elapsed, the party seeking modification of custody must file a Request for Order Granting or Denying Custody and an accompanying Order. After receiving these documents, the judge will determine whether adequate cause has been shown to proceed with a custody hearing. If the Petition and Response state adequate reasons justifying a hearing on modification of custody, the judge will set a hearing on the matter. If the judge feels that there is insufficient cause to modify custody, the judge will decline to set a hearing on the matter, and the action for modification of custody will be denied.
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