What Voids A Custody Agreement?
Parents in the state of Arizona have a duty to uphold the agreed upon terms of a child custody arrangement. If one parent violates those terms, though, the other parent may want to modify or void the agreement altogether. Let’s look at a few possible ways to void a child custody agreement.
Child Abuse Or Endangerment
Every court system’s top priority is the best interest of the child. Abusing a child or putting him or her in danger will likely result in the custody agreement being modified, at the very least.
Here are a few examples of this type of violation:
- Neglecting a child’s basic needs.
- Substance abuse in the presence of the child.
- Physical or sexual abuse.
- Serious mental health issues like depression or paranoia.
- Exposing the child to potentially dangerous situations.
These instances are typically brought to the attention of the court by the other parent or law enforcement. However, the other parent may be able to file a motion to modify at this time. The other parent could be tasked with citing endangerment and providing evidence of inappropriate behavior to the court.
Moving Without Consent
Most custody agreements will include limitations on how far a parent can move from the original home location. If one parent moves out of state or further than an agreed upon distance, it can be considered a substantial violation of the arrangement.
The court can use a variety of methods following this violation:
- Modification of the custody agreement.
- The court can order that one parent permanently return to the original home location.
- The court can also issue a violation order, which will limit the parent’s time with the child until a new agreement is in place.
However, it is unlikely that the agreement will be completely voided in the event one parent moves.
Death Or Incarceration Of One Parent
Death or incarceration of one parent can undoubtedly result in a change of the custody agreement in Arizona. Both of these circumstances create a dramatic change in the child’s life. Death or incarceration make voiding the agreement the only option at this time.
How Difficult Is It To Void A Custody Agreement?
The level of difficulty to ultimately void the agreement depends on the specific circumstances. For example, if one parent dies, the other is usually entitled to take full custody of the child. It may be quite simple to get the court to void the agreement if the parent who died was not very involved in the child’s life.
However, if the custodial parent passes away, this case can be far more complex. This is especially true when attempting to establish a new agreement.
Someone else who may be actively involved in the child’s life (like a stepparent or grandparent) could be in a better position to care for the child. Nevertheless, if the other parent wants full custody, it can be quite difficult for anyone else to trump that parent’s wish for custody.
Source:
- “What Voids A Custody Agreement? Watch Out For These 3 Things” Parker & Aguilar https://blairparkerlaw.com/blog/what-voids-a-custody-agreement-watch-out-for-these-3-things/
Collaborative Divorce And Child Custody
Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.
Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.
