Legal Question in Family Law in Arizona
My daughter just went through a contentious child custody battle after her ex-husband filed an emergency temporary custody order with the court in August 2010. On December 9, 2010 ,the joint custody order already in place was affirmed with her being the primary residential custodial parent. Unfortunately, during this whole process she never filed the paperwork to modify the parenting plan so the judge "affirmed" the order entered in August 2007. Their oldest child is in school and the current parenting plan has the kids being exchanged every other day and every other weekend. My daughter has filed the modification to parenting plan paperwork and her ex-husband's attorney has filed a motion to dismiss. Do we have to respond to this motion or what do we do next?
2 Answers from Attorneys
Yes, your daughter needs to file a response to the motion to dismiss and within the time provided by the rules.
YES. YOU MUST FILE A RESPONSE TO THE MOTION TO DISMISS, typically within 10 court days (plus 5 additional calendar days if it was mailed to your daughter).
We can certainly help her consider and then pursue her options for responding.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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