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What happens if the other party does not respond to myPetition to Modify?
If the other party does not respond, call Best Law Firm to assist you with filing a default action. A default action is situation where one party is being non-responsive. The default action will notify the Court. Once a default has been filed with the Court, a hearing is set and the other party has ten (10) days to respond. If the other party does not respond within that time frame or does not appear at the Default Hearing, the Court will grant you the requests that were outlined in your Petition to Modify, so long as it is in the best interests of the minor child(ren).
What happens after I file a Petition to Modify?
First, the other party will need to be served with the Petition to Modify.
Once served, the other party has 20 days to Respond (or 30 if they reside out of town) to your Petition.
Once the other party has responded, the Court will set a Court date.
What if my child is in danger? Or the other parent is not following the current Parenting Time Order?
There are two exceptions to the one-year requirement before being able to petition the court to change a current parenting time order.
If it has been less than 6 months and the other parent is not following the current parenting time order; AND/OR There is an emergency situation.
Once you meet these requirements, you may file a Petition with the Court to modify the current Parenting Time Order. The Court will make changes to the current Parenting Time Order as it relates to the Best Interest of the Minor Child. The Court looks at A.R.S. 25-403 when determining the factors.
If my Parenting Plan DOES NOT require that I attend Mediation OR me and the other parent have already gone to Mediation, can I petition the Court?
If you have either already attended Mediation or your Parenting Plan does not require that you attend Mediation, you must meet two additional requirements before you can file a Petition with the Court.
If my Parenting Plan requires that I attend Mediation, what do I do?
If you Parenting Plan requires that you attend Mediation, you can file a Mediation Request with the Court. Some Parenting Plans will identify whether parties are required to go through Conciliation Services for mediation or whether they can seek private mediation services. Call Best Law if you need assistance setting up Mediation with the other parent.
Do I meet the necessary requirements to ask the Court for help in changing my current Parenting Time Order?
Before you can seek help from the Court and file a Petition to Modify, you must determine whether you current Parenting Time Order has a “Mediation Clause.” This clause requires parties to go through mediation services to resolve their issues before they can seek help from the Court. This “Mediation Clause” can be found in your Parenting Plan. If you are wondering whether your Parenting Plan has a mediation clause, call us Best Law and we can go over your current Parenting Plan with you.
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Scottsdale, Arizona 85253
