Mother successfully defended against Father’s request for equal parenting time, with the Court finding no significant and continuing change in circumstance
Client’s Role in the Litigation: Petitioner/Mother
Court: Maricopa
Date Resolved: April 28, 2026
Outcome:
The Valley Law Group successfully represented Mother in a contested post-decree modification matter where Father sought to change the existing parenting time schedule to an equal parenting time arrangement. After an evidentiary hearing, the Court denied Father’s request to modify parenting time, finding that Father had not proven a significant and continuing change in circumstances that materially affected the children’s welfare. As a result, Mother remained the primary residential parent, Father’s every-other-weekend parenting time remained in place, and Mother also obtained an updated child support order requiring Father to pay $1,070 per month, plus a judgment for past support and an award of attorney’s fees and costs.
Background & Key Facts:
Mother was already the primary residential parent under the existing orders, with Father exercising parenting time every other weekend. Father filed to modify parenting time and child support, asking the Court to move to an equal parenting time schedule based on the passage of time, the children getting older, and the eldest child aging out. One of the children participated in a child interview through conciliation services, while the younger child was not interviewed due to age. At trial, Father also alleged that Mother was negatively influencing the children, but the Court found that Father presented no evidence beyond his own testimony to substantiate those allegations.
CASE / Strategy:
The Valley Law Group’s strategy focused on defending the stability of the existing parenting arrangement and holding Father to the legal burden required in a modification case. Rather than allowing the case to become a general best-interests dispute, the firm emphasized the threshold issue: Father first had to prove a significant and continuing change in circumstances materially affecting the children’s welfare before the Court could consider changing parenting time. The strategy also included using the child interview process to ensure the older child’s wishes and circumstances were properly considered. At trial, The Valley Law Group challenged the lack of evidentiary support behind Father’s claims and successfully preserved Mother’s role as the primary residential parent.
Client Impact:
This outcome protected Mother’s role as the children’s primary residential parent and preserved the stability of the parenting schedule already in place. It also provided Mother with important financial relief through increased child support, a judgment for past support, and an award of attorney’s fees and costs, helping reduce the burden of defending against Father’s requested modification.
Why This Win Matters:
This result avoided the serious disruption that could have come from changing the children’s established parenting schedule to an equal parenting time arrangement without sufficient proof that such a change was warranted. Mother avoided losing her primary residential role, the children avoided an unnecessary change to their home routine, and the existing structure that had governed the parties’ parenting arrangement remained intact. Mother also avoided the financial consequences of an unsupported parenting time modification and secured increased child support, past support, and an award of attorney’s fees and costs.
