CHM Law Successfully Defends Client’s Sole Legal Decision-Making Authority in Contested Modification of Parenting Time Case
- Client: T v. M
- Case Type: Modification of Parenting Time, Decision-Making, and Child Support
- Ruling: Court denied Modification of decision-making authority
- Court: Maricopa County Superior Court
At Colburn Hintze Maletta (CHM Law), we completely understand how critical it is for parents to maintain their decision-making authority and parenting time rights, especially when faced with false allegations and attempts to overturn prior court rulings. Our client came to us after working with multiple attorneys who failed to grasp the Opposing Party’s tactics and legal strategies.
The Opposing Party filed a Petition to Modify Legal Decision-Making and Child Support, attempting to overturn the Court’s prior order granting sole decision-making authority to our client. Their claim was based on false allegations that our client had mishandled the child’s medical care.
However, the truth was uncovered that the Opposing Party had been concealing critical medical information from our client for years. After an intensely contested hearing, the Court ruled in our client’s favor, finding that there was no significant and continuing change in circumstances to justify modifying legal decision-making or child support.
Opposing Party’s Petition: Attempting to Modify Legal Decision-Making and Child Support
When a parent seeks to modify parenting time, child support, or decision-making authority in Arizona, they must prove that a significant and continuing change in circumstances has occurred since the previous order. In this case, the Opposing Party fabricated claims that our client had mishandled the child’s medical care, using these allegations as grounds to request a modification of legal decision-making and child support obligations.
However, after a thorough investigation and legal strategy, CHM Law uncovered the truth—the Opposing Party had deliberately withheld medical records and concealed critical health information from our client, making it impossible for them to provide fully informed care. By bringing these facts to light, we were able to disprove the Opposing Party’s claims and present a compelling argument in defense of our client’s parental rights.
Court Ruling: No Justification for Modification of Decision-Making or Child Support
At the contested hearing, CHM Law aggressively defended our client’s rights, demonstrating that:
- The Opposing Party’s claims were false and intended to manipulate the legal process.
- The Opposing Party had withheld essential medical information from our client, creating a misleading narrative.
- There was no substantial change in circumstances that would justify modifying the existing parenting plan or legal decision-making order.
After reviewing the evidence, the Court ruled in our client’s favor, stating that the Opposing Party had failed to demonstrate a significant and continuing change in circumstances required to justify a modification of legal decision-making or child support. As a result:
- Our client retained sole legal decision-making authority, ensuring they continued to have control over the child’s healthcare, education, and welfare.
- The existing child support order remained in place, preventing an unjust financial burden on our client.
- The Opposing Party’s petition to modify custody was denied, reinforcing the stability and continuity of the existing arrangement.
Why This Case Matters for Parents Facing Parenting Time and Decision-Making Modifications
This case highlights the importance of strong legal advocacy when defending against false allegations in parenting time and child support modification cases. Opposing parties sometimes attempt to use fabricated claims to seek custody changes, but Arizona law requires them to prove a significant and continuing change in circumstances before any modification is granted.
At CHM Law, our experienced Arizona family law attorneys assist parents with:
- Defending against wrongful modification petitions
- Protecting sole decision-making authority
- Enforcing existing parenting time and child support orders
- Ensuring a child’s best interests remains the priority in legal disputes
Contact CHM Law today for a free attorney consultation if you are facing a modification of parenting time, decision-making authority, or child support. Our family law attorneys are prepared to defend your rights and ensure that unjustified modifications do not disrupt your child’s stability.