Both parents have legal rights to take part in childrearing. A divorce in Arizona may include creating a schedule that outlines how you and your soon-to-be ex-spouse will divide your parenting time. When couples agree on child custody and visitation rights, the plan may become part of a divorce order.
If you wish to modify your parenting time plan later, the court generally requires your ex-spouse’s permission. Certain circumstances, however, may allow you to change a plan without your ex-spouse agreeing to it.
When may the court change my ex-spouse’s parenting time?
As noted on the Maricopa.gov website, the court may change a visitation order when a spouse is violent or abuses a child. If an ex-spouse poses a threat of danger to a child’s physical or mental health, a judge may modify an existing order.
By showing that it serves a child’s best interests, the court may change an order that has existed for at least one year. When an ex-spouse fails to follow a prior custody order, a judge may change it after six months.
How could I show that an ex-spouse hurt my child?
Signs of physical abuse may include bruises or cuts. Abuse could even show as broken bones. Medical records may also reveal and prove physical harm. Emotional abuse, however, does not usually result in physical signs.
Healthline reports that symptoms of emotional abuse may include fear, shame and self-esteem issues. If your ex-spouse intimidates, insults or withholds affection from your child, you may consider modifying a parenting time plan.
Arizona’s laws allow parents to change a custody or visitation schedule. Both spouses may need to approve of a new arrangement. In some cases, however, a judge may change a divorce order to protect a child’s well-being and not require an ex-spouse’s agreement.