Q: How can I revoke visitation rights and seek increased child support in Arizona?

A: You would need to file a Petition to Modify Parenting Time and Child Support. The court may modify parenting time rights whenever modification would serve the best interest of the child, This is just a very general description, and there is so much more to discuss, including timing issues as to when a modification may be permissible.

There is no way to predict exactly what a Judge will do. Your goal would be to paint an overall picture of the life you can provide for the child compared to Father's. With most things being somewhat equal, our Court's certainly do order equal parenting time quite often. A.R.S. §25-403.02(B) requires the Court to adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time (so long as such is in the child's best interests). So, if you do not believe that kind of schedule to be in the child's best interests, you will need to prepare to convince your judge of your concerns.

Please remember that Arizona does not allow retroactive child support modifications. So, if you believe you are entitled to a modification, you need to file soon. Every month you wait is a month you lose.

Arizona does have a "Simplified Procedure" to modify child support, when that is the only issue. You may use this procedure so long as the resulting order varies 15% or more from the existing amount ordered. If the requested modification is disputed, the other parent must request a hearing. If no hearing is requested within the time allowed, the Court will review your request and enter an appropriate order or set the matter for hearing.

This is obviously a very important matter, and you should not go in alone.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.

A: You're facing a difficult situation, and your concerns about your child's well-being and the father's lack of support are completely valid. In Arizona, if visitation is harming your child's emotional or physical health, you can file a petition to modify the parenting plan. The court will want evidence that the environment during his parenting time is toxic or unsafe, so it's important to document incidents, changes in your child’s behavior, or anything that clearly shows harm.

To address the unpaid child support and his increased income, you can file a separate motion to modify child support. Since he's now self-employed and earning more, the court can recalculate his obligation based on his current financial status. You’ll need to gather as much proof as you can—bank records, business income, or lifestyle changes that reflect his increased earnings. You can also ask the court to enforce the unpaid support and request that arrears be collected.

These changes won’t happen automatically, so filing the proper motions is key. You’re not asking for anything unreasonable—you’re asking the court to put your child’s best interests first. Taking these steps will help you protect your child and ensure they receive the support they deserve. You're not alone, and you're doing the right thing by standing up for what's needed.