“Honest disagreement is often a good sign of progress.”
When fighting for custody of your children, it is difficult for any two parents to come to an agreement and submit a reasonable parenting plan. If one of your children runs into a health issue along the way, emotions will run high and the entire exercise can be even more challenging. Honest disagreements can lead to healthy resolutions.
Health Issues Can Change Custody Results
During adversarial or unpleasant divorce proceedings, parents will likely disagree on everything involving their kid’s health concerns. What treatment plans are best? Is the medication suitable? Which doctor? What hospital? Giving needed care to a child that is in their custody can be a daunting task for a parent in this situation. Know that your child’s health issues can lead to changes in your custody or visitation arrangement. For example, if your ex-spouse neglects to give prescribed medicine on time, or at all, when the child is in that parent’s care, this not only is a valid concern, but also a concern that should be addressed. A circumstance like this may lead a court to decide to make appropriate changes in custody orders.
Modification After Custody Orders When Your Child’s Health Changes
Once custody orders have been set in motion, there are provisions for changes and modifications. Either parent can submit a request for modification when it can be shown that the best interest of the child is the reason for the change. You or your ex-spouse would file your modification request with the clerk of the Superior Court and pay a filing fee. Modifications are typically only allowed after one year, or six months in a joint custody situation, from the date of the last court order. However, if there are significant changes in your child’s health conditions, this could be considered a “special circumstance” and the waiting period may be waived. If you and your spouse are unable to agree on decision-making authority (custody) or parenting time, the court will need to make a determination based on your child’s best interest. During contested hearings, we may hire mental health professionals and parenting coordinators, if necessary, to build and strengthen your case for child custody. Uniquely Experienced Arizona Family Law Attorney At the Law Office of Ronald L. Kossack, we handle all aspects of family law cases including divorce mediation, child custody, child support, and alimony. Attorney Ronald Kossack and the entire staff at the firm will do all that they can to ensure that your emotional needs are met, while they work toward a positive resolution in your case. To schedule your free initial consultation to discuss your story with an experienced Arizona lawyer, contact us online, or simply give us a call anytime at 480-345-2652.