What Voids A Custody Agreement?

Parents in Arizona have a duty to uphold the terms of their child custody agreement. However, if one parent violates the terms, the other parent may wish to modify or void the agreement altogether. Let’s look at the possible ways to void a child custody arrangement.

Child Abuse Or Endangerment

Each and every court system is, first and foremost, concerned with the best interest of the child. Putting the child in danger or abusing the child will likely result in the custody agreement being modified, at least.

Examples of this type of violation include the following:

• Engaging in substance abuse while around the child.
• Neglecting the child’s basic needs.
• Serious mental health issues like paranoia or depression.
• Physical or sexual abuse.
• Exposing the child to situations that could potentially harm them.

These instances are often brought to the court’s attention by law enforcement when a parent is arrested when abuse or neglect has been reported. However, the other parent may be able to file a motion to modify with the court. The other parent may be tasked with citing endangerment and presenting evidence of inappropriate behavior.

Moving Without Consent

The majority of child custody agreements feature limitations on how far away a parent can move from the original home location. If one parent moves out of state or further away than a specified distance, it can be considered a substantial violation of the agreement.

The court may use various methods to decide how to proceed following this violation:

• Modification of the agreement may be the best option in most cases.
• The court could order that one parent return to the original home location.
• The court could also issue a violation order to limit the parent’s time with the child until a new agreement is finalized.

It’s unlikely the agreement will be completely voided in the event one parent moves.

Other Reasons To Void A Custody Agreement

In the state of Arizona, two other things can result in voiding an agreement. Death or incarceration of one parent will undoubtedly change the custody arrangement. Both of these situations will create such dramatic change that voiding the agreement is the only option.

How Hard Is It To Void A Custody Agreement?

The level of difficulty to void a custody agreement will depend on the circumstances. For instance, if one parent passes away, the other is typically entitled to take full custody of the child. If the parent who died wasn’t very involved in the child’s life, getting a court to void the custody could be quite simple.

If the custodial parent passes away, though, the circumstances can be more complex. This is especially true when trying to establish a new agreement.

Someone else who has been actively involved in the child’s life (like a grandparent or stepparent) could be in a better position to meet the child’s needs at this time. Nevertheless, if the other parent wants custody, this will usually trump anyone else’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/