I was in court this morning representing a mother against her ex-husband, who was seeking a modification of custody. In his petition to modify custody, the father made no specific factual allegations that would support a modification of custody. The father instead made only conclusory statements, such as “mother doesn’t support father’s relationship with the child.” Father alleged no specific facts, events or occasions when mother had interfered with his relationship with the child. Based on the father’s failure to allege detailed facts in his petition to modify, I moved to dismiss his petition, and the judge granted the dismissal.
The law requires that any petition to modify custody include “detailed facts supporting the requested modification.” A.R.S. Section 25-411(F). The court is directed to deny the petition unless those detailed facts demonstrate “adequate cause for hearing the motion.” Id. In practice, this means that conclusory statements are insufficient in a petition to modify custody. Specific facts must be alleged. For example, instead of alleging “mother has a drinking problem”, a father petitioning to modify custody could allege the following in his petition: “On May 22, 2011 at Johnny’s little league game, father had a conversation with mother during which mother was slurring her speech and during which father could smell alcohol on mother’s breath.”
Petitions to modify custody cannot be taken lightly. When I represent a client seeking to modify custody, I explain the statutory requirement of detailed facts to the client. Then I have the client prepare a written narrative for me in which the client outlines chronologically or topically the specific detailed facts and events which the client claims support his or her request to modify custody. I then incorporate those specific, detailed factual allegations in the petition to modify. The client signs the petition to modify before it is filed, and the client thereby attests that the facts alleged in the petition are true and accurate. The “detailed facts” requirement can also be satisfied by filing an affidavit (or multiple affidavits from various witnesses) concurrently with the petition to modify.
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