Legal Question in Family Law in Arizona

My husband and i are going through a divorce. We agreed on joint custody in the beginning. However, he recently hit our son and is now faces 2 charges. He has also failed to complete his parenting classes for 4 months. The case is about to be dismissed. He is the petioniner. How do change custody and continue the divorce without starting all over?


Asked on 3/01/11, 8:56 pm

2 Answers from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

YOU NEED TO FILE AN AMENDED PETITION OR RESPONSE. ALSO, TO KEEP IT FROM BEING DISMISSED, YOU NEED TO FILE A "MOTION TO SET".

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

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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Answered on 3/02/11, 8:04 am
Debra Palomino PALOMINO LAW FIRM, P.C.

You will need to amend your response to request a change in custody and file a motion to set the matter for either a Resolution Management Conference or Trial, depending on where you are in your case. You can find forms at the Superior Court Self Service Center online at

http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/

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Answered on 3/02/11, 12:45 pm


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