By Jessica M. Cotter, Esq.
If the parenting time schedule does not work anymore because the parties have moved far apart or the child is now older and can handle more time with the other parent and it has been over a year since the schedule has been changed or the other parent does not have the ability to care for the child or children, then you should file to modify parenting time. When you file a petition to modify parenting time with the court then you need to make sure that you are in compliance with Rule 91(F) of the Arizona Family rules of procedure. The rule requires you to file and serve the following:
1. A Petition to Modify Parenting time that states in detail why there needs to be a change, what you want the new schedule and if you have tried mediation first.
2. A copy of the order to appear:
a. You have to file number 1 put them in the judges box along with a blank order to appear.
b. The court will then fill in the order to appear to call you to pick it up.
c. Once you receive the filled out order to appear then you can serve the documents
This is just to get the process started. Then you have a hearing in which you have to present your evidence to the court and there are no guarantees. I would highly recommend that you review your case with an experienced Family Law Attorney before you file anything with the court.
The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Glendale, Arizona 85308