questions & answers

Question: A judge awarded the other parent joint legal decision making and parenting time. Within the last 4 mths he has seen her a total of 3 weeks. I filed to set aside the judge's ruling and got denied. I tried to modify child support and got denied. I don't know what else to do. I have documents printed out to providing evidence of my claims. What else can I do? The judge made her decision April 2nd of this year

Answer: The statute governing modification of child support is A.R.S. Section 25-411.  It states:  "A.  A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health."  The statute seeks to prevent parents from going back to court after a few months to get a new order when they are dissatisfied with the current situation.  If your custody order (legal decision-making and parenting time) was less than a year old when you went back to court and you did not have the type of evidence required by the statute, the judge would not consider your request.  When sufficient time has passed, you can go back and request a modification to sole legal decision-making based on the other parent's lack of investment in his relationship with the child.