Whatever the reason you have for wanting to change a Court order, you have the option of doing so if you can meet the legal standards. Our attorneys can help you determine if you have a case for modification.
Everyone wants to go through the family court process just once. Once for the divorce or once to figure out custody. But that is not always possible. Circumstances change. Sometimes, the plan the parties originally agreed or the Court ordered no longer works because of new life changes. Or perhaps the Court got it wrong in the first instance, and you believe it is time for the Court to try again.
Family rulings are unique from rulings in almost any other area of law because they can be modified. This is because of the unique situation in which a family court operates—the needs and circumstances of the parties change over time, so the Court can change its orders over time.
Arizona is a community property state. This means anything either spouse earned during the marriage belongs to both spouses.
It is possible to fix a bad ruling from the court, but it is difficult. Prior to trial, you were on even footing with the other party—you both had, in theory at least, an equal chance of prevailing.
Some parts of a Court’s ruling are not modifiable, including the division of property and an award of attorney’s fees. While many parts of the Court’s order are subject to modification, some parts are not.
There are four parts of every child custody case. The typical case has four parts to it: Paternity, legal decision-making, parenting time, and child support. Except in unusual circumstances, paternity will only get ruled on once.
Being on the birth certificate doesn’t mean you’re legally recognized as the father. When a child is born to an unmarried mother, only the mother’s rights are automatically established. The father will have to establish his rights separately.
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