Does Your Ex’s Remarriage Affect Child Custody?

A child custody attorney helps couples to negotiate an initial custody arrangement and to petition for modification when there is a change in circumstances. If your ex spouse or ex partner has remarried, you may wonder whether this new relationship is a change in circumstances which could justify a modification of an existing custody order. The answer to this question can depend upon your situation and on who the new spouse is. 

If you are concerned about whether your current custody arrangement is working for your family, you owe it to your child to take action – especially if a significant change like a remarriage has taken place. A Scottsdale child custody attorney can provide you with advice on whether the new relationship will affect custody or not. If you believe you have grounds for changing a custody order, your attorney will assist you with the process of going to court and trying to convince the judge to make a modification.

Singer Pistiner, P.C. has extensive experience with helping clients both to arrive at an original parenting plan and to change their outstanding custody orders. Give us a call today if your ex has remarried and you are concerned about what this means for your child.

Does Remarriage Affect Child Custody in Arizona?

Remarriage is a big change but it is not necessarily a material change in circumstances which would prompt a family court judge to alter an existing custody order. Arizona Code Section 25-403 explains the factors which must be a part of the legal decision-making process when a determination on custody is reached.

Under Arizona law, the courts will try to decide what is in the best interests of the child, in terms of how a parenting plan splits up time between the parents. The factors which are taken into account to decide what is in a child’s best interest relate to things like the child’s past, present, and future interactions with the parents as well as the mental health of all of the involved parties. A simple remarriage of an ex spouse is not a factor which is relevant in determining what is in a child’s best interests.

However, the new spouse does change the conditions of a child’s home life when your child is with your ex. As a result, there may be some circumstances in which the change that occurs is significant and the judge does feel that a custody modification is in order.

For example, if the person who is now married to your ex spouse has a history of child abuse or domestic violence, this could be a relevant factor in whether the custody arrangement needs to change or not- especially if your child is being victimized by abuse or is facing threats.  Likewise, if the new husband or wife is otherwise unstable or unfit to provide care to a child who is living in his or her home, the court may determine it is best for the child not to be in the home of your ex as a result of the new destabilizing presence.

Whether you will be able to get modification of an existing custody order as a result of your spouse’s remarriage is thus going to depend a lot on whether the new spouse undermines the safety and security of your child in the home or not. If there is no risk to the child and the new spouse doesn’t represent a dangerous or detrimental presence, the remarriage is not likely to be considered a good reason for modifying custody.

How can a Scottsdale Child Custody Attorney Help You?

When you do want custody modified, you need to be able to make the most compelling possible legal arguments to show the judge why the old order no longer makes sense and why your new preferred custody arrangement is the arrangement which should be adopted in the best interests of the child.

A Scottsdale child custody attorney at Singer Pistiner, P.C. can carefully review your child’s living situation, including the new state of affairs in your ex’s home as a result of the remarriage. If there is a chance that a custody modification should occur due to the remarriage, or for any other reason, our experienced legal team will work hard to help you gather the evidence to prove it.

We can assist you in negotiating a modification with your ex so the case doesn’t have to end up in the hands of a family court judge, or can help you to prepare the strongest arguments to present during a family law case. To learn more, give us a call at (480) 418-7011 or contact us online.

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