Legal Question in Family Law in Arizona
If I request a Parent Time Agreement and Child Support modification, when parties do not agree, how does this work? It says on the Order to Appear that "if the judge decides to hear your case" then they will tell you when to appear, etc..
But what if the judge doesn't decide to hear your case. Does that mean that he/she just signs off on the petition and that is that?
3 Answers from Attorneys
If the parties cannot agree then without question the court must decide. It is possible that the court may not feel there is a legal or factual basis under which to grant a modification. That is what the Order to Appear is referring to.
A Judge WILL hear your case, so long as you have properly alleged a "significant and continuing change in circumstances" on both parenting time issues and child support issues.
Once you file, you need to "serve" Mom. Then, the matter will proceed to hearing.
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 Gloria 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
I agree with both counsel, and if you choose to proceed on your own, there are helpful instructions you can download with the appropriate modification petitions at the Self Service Center, Superior Court. See www.superiorcourt.maricopa.gov.