Custody Modification Considerations Arizona

Summary

In Arizona, if a custody agreement grants the father 49% visitation but he hasnt been involved for over a year, you may not be at fault for not facilitating visits. Consider seeking a custody modification to reflect the current situation, especially if you are the primary caregiver. Consulting a family law attorney can provide guidance on how to proceed.

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Custody agreement is that he would have him *% of the time but has not exercised that in over a year. He doesn’t call or message about our son at all.
In Arizona, if there's a custody agreement stating the father has *% visitation, you're generally expected to follow it. However, if he hasn't exercised this in over a year and there's no current court order enforcing it, you might not be at fault. Have you considered seeking a modification of the custody agreement due to his lack of involvement?
I have considered it. The only thing he does do is pay his child support payments but doesn’t actually try to see or talk to our son.
It sounds like you're dealing with a challenging situation. Since the father hasn't been involved despite the custody agreement, you may want to consider pursuing a modification to reflect the current circumstances. This can help ensure the custody arrangement aligns with the best interests of your son. Have you consulted with a family law attorney about this?
I’m also my sons primary caregiver with the state due to his severe autism.
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It's important to address the custody situation in a way that serves your son's best interests. Since you are the primary caregiver and the father has not been actively involved, modifying the custody agreement could be beneficial. Consulting with a family law attorney would be a good next step to explore your options. Would you like to know more about how to proceed with a custody modification?
I would.
Case Rating: *
It seems like modifying the custody agreement could be beneficial, given the circumstances. Here's what you can do to start the process:
- Gather documentation of the father's lack of involvement and your role as the primary caregiver.
- File a petition for custody modification with the court.
If you need further assistance or guidance on how to proceed, feel free to ask!