Legal Question in Family Law in Arizona

The existing orders remain in effect unless/until the court modifies them, so if you want to ask the court to restrict her visits as a result of this incident, you will need to file a modification action. I recommend you seek additional legal counsel immediately, since the court does not usually act on requests like this instantly, and you will want an opportunity for the court to consider your request before the next visit.

It may be that court action is needed; however, it may be simpler and cheaper in the long run to find a way to talk with grandmother about the incident. There could be any number of reasons for the delay, lack of transportation, illness, or a special event the she wanted the child to participate in. Maybe you can find a third person who can assist you and grandmother in discussing the incident and finding ways for the 2 of you to be able to discuss these situations. Maybe someone from her church or your church, a sister-in-law that you can talk with? Even if you feel that the two of you can't possibly agree, try again for your daughter who needs all the love and family support she can get.

If these are the only facts you have in going to court and grandmother has a reasonable explanation, a Judge isn't likely to revoke grandmother's visitation. So choose carefully. If you feel you need to have more restrictions on visitation, be sure that you can justify this to the Judge.

From your zip code it looks like you live in Maricopa County and I assume that's where the visitation order was entered. I don't practice in Maricopa County, so I cannot represent you. It is possible to consult with an attorney, get additional information, and even have them assist you in preparing your own court paperwork.

You can also take action on your own by filing with the Court. There is no specific sample form at the Maricopa Self Service Center at http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/ , but the Modification of Custody and Parenting Time form would be a good place to start. Normally there is a filing fee that must be paid to the Clerk of Court before they will accept any pleadings. You could complete the three forms to request a Deferral/Waiver of Fees; the forms are also on the Self Service Center website.

Good Luck,

If this is a single incident, perhaps there is no need to take any particular step. BUT, if she has violated the order before, or does again, steps should be taken. We can assist wyether in the writing of strongly worded demand letters or the initiation of litigation.

We can certainly help you consider and then pursue your options.

We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters.

We also can structure assistance to help you represent yourself.

Please remember that a retainer is just a prepayment of time, and not an estimate as to the total costs of the matter. If I finish within the retainer, than I refund any unearned amounts.

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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

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see our website at www.familylawaz.com