Petition to Modify Custody or Parenting Time - Avoid This Mistake!

An example of a petition to modify custody or parenting time gone wrong.

A recently consulted with a potential client and this potential client had gotten a document prepared for him. He did this to help him in preparing a petition to modify custody and parenting time with his children.

What ended up happening though was when the judge took a look at the client'w petition to modify the document prepared had prepared the judge found that that petition did not set forth a legal reason for custody to be modified. As a result the judge just dismissed the case and didn't even give the client a potential hearing.

It doesn't happen a lot but more and more judges are doing it because they are so overwhelmed with cases and if they don't find that the person establishes the bare necessity of what they need to in their pleading, in their motion, the judge may dismiss the case.

So this is a tip that I gained and want to share with you form that experience. When you are writing or preparing a petition to modify or any kind of petition, the facts of your case are very very important. You have to lay those facts out there. The judge has to understand why your case is different from all the other cases he or she is handling. The judge has to understand if you are seeking a change in custody, why a change might be warranted.

For example in Arizona in order to modify custody or parenting time you have to show the judge that there's been a substantial and continuing change in circumstances. It's not enough to just say in the motion that you're preparing this, you have to set forth the reason why there's been a substantial and continuing change in circumstances.

So I'm guessing that whatever state or country that you're in, if you want to change something with the court, you're going to have to tell the court why it should be changed. This is where the facts become very important.

You say why. For example you say maybe that it's been 5 years since the original custody and parenting plan was entered. So time has passed but keep in mind that time alone is not going to do it. You may add on for example that your child is doing differently that and she was before. Recently there has been a decline in grades or that the school is closing down. Maybe you've gotten remarried or in a new relationship. Maybe the child has new siblings or step siblings.

There are a lot of reasons why a case may be changed and you have to set those forth. You have to tell the judge why you are requesting the change. Details matter. Facts matter. And if you don't lay it out there, you could end up in the same boat as the potential client I met with.

Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

[jkemwoodson]

This is one of the most important and best video for inspiration to my life. Thank you so much. You are always on point. You are a blessing for creating Command the Courtroom. Many thanks

[CaitlinAPope]

I have been so scrambled on what to do to modify my case. I have learned SO MUaCH from your videos! I would LOVE to have the chance to go into detail with you on my case with my, almost 11 yr old daughter there babe been SO many changes, I couldn't have wrote them all down, bit I do have a binder full of issues and visitation with his mother. We haven't been back to court since 2012, but he is in prison now, for the umpteenth time, so I received the 1st modification in December for his 48/week down to 0$ until he is released. And it had NEVER been Consistent. He hasn't paid anything since May or June of 2015. Our case is in IN. I am VERY INTERESTED IN HOW TO BECOME A CLIENT OF YOURS! you seem so very intelligent & intellectual on this topic.

[Jesudi]

What if my ex lies on the change of custody order motion? My ex states one of her reasons for full custody is that we never had an agreement regarding our placement with children but that’s a lie due that we have a divorce decree stating what our placement was since 2012...

[SupremeLeader]

You just give a reason that it is in the best interest of the children and life style changes and why there are changes ..

[eranluvsmeee]

Thank u so much for this video. I lost primary custody of my children to their father due to a turbulent relationship I was in with an ex in which my children witnessed my ex being very violent towards me. My ex is now in prison & Im desperately trying to gain primary custody back. I'm filing the petition for the order to be modified next week. Again Thank u so much for this video. 🙏💕

[kimberlyparker]

What if my ex is abusing his current spouse in the presence of our children?

[shanjudkins]

What is a legal reasoning example or what does that mean?

[tammylynn]

Hi Wendy 👋 it's Tammy I c this is old but is where believe am in case I would need someone to help me that is honest and worthy of trusting, u r doing a great thing believe me.. but for me it's gotten so outta control:( and like many wanna at least have my Jesus baby girl know from me that I did not abandon her like dad did first 5 yrs of her life it's harsh and I just can't handle the weight of conspiracy of small towns evil ways .. anyway point is God bless you and anyone else putting effort to prevent these things thank you

[SuperDude]

isn`t the time to tell the judge "why", when it`s in court?

[tperkins]

I live on a closed Indian Reservation in Minnesota where we have our own little laws. I need help. I want to see my daughter

[davemerc]

There was a default because I never showed up can j modify if they imputed income ?

[kristineparrotta]

Im in the state of I am dealing w an angry ex who filed a petition to modify that says... Ms. Parrotta, that's me.. Has put her self in contempt a ridiculous amount of time with no recognition to the courts... Ms parrotta is extremely undependable... I need a 50 50 so i can move forward with my life... I need to be able to work full-time to support myself.... This is a frivolous motion indeed... But i made the mistake and answered it instead of hiring councel and having it dismissed.... I did hire a attorney and so far my ex has been sanctioned twice.... Failure to comply with mandatory disclosure... This case is set for trial after mandatory mediation... I am hoping my lawyer will be able to get my attorney fees faid at the end of this trial.... My ex is self represented.... He has no clue what hes doing, and its costing me thousands to fight this frivolous motion... Im assuming our judge has not read his motion yet

[Mr.cjandj]

Does your lessons apply for the state of California too?, my ex is fighting, we wants full costudy and I can't afford a lawyer.

[pookdawg]

So can i just make a different exhibit for every piece of evidence i have, ?

[tiaralove]

Please someone help me with some advice! You can message me on my YouTube.
I have sole custody and decision making of my 4 year old child.
The dads parents have visitation every other Sunday.
This has been going on for almost 2 years.
The visits have been going okay up until the Grandma, made a few comments about her not letting my child be alone with her husband, not even for a second. She also told me she was paranoid of pedos, she also told me I cannot dress my child in a dress unless she wears tights. My child cane home telling me that her Grandmotjer told her she was going to keep her forever. And not to tell mommy what they tell the child. Is this grounds for restricting the visitation order???!!

[kristenwinter]

Do you have videos on contempt hearing? My kids father has a contempt hearing for not paying child support. He hired an attorney The attorney has emailed me to show all my financial statements including my joint banking account with my husband? There is no modification filed at this time. He also subpoena me to be at the court date because the prosecutors said I did not have to attend this hearing for contempt. And also what can they use with my bank statements. I have nothing to hide just it shows our daily and privet life. If anything he would have to pay more because I haven’t worked in almost three years due to personal reasons.

[seanhont]

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[deevak]

Please give better examples. This video does not provide enough information.