Tuesday, November 19, 2013

If situations change after you are divorced, what do you do?

By Jessica M. Cotter, Esq.

Child custody/decision making

If there has been some difficulty co-parenting with the other parent or the other parent has had some personal issues that demonstrate their inability to parent, you may feel that action must taken to correct or change the situation.  The changes must be substantial and ongoing. The standard to be met is set out in Arizona  Revised Statues section 25-411.  If you want to file for a modification, then you need to make sure that you are in compliance with Rule 91(D) of the Arizona  Rules of Family Procedure. The rule requires you to file and serve the following:

1. A Petition to Modify Legal Decision making that states what the changes are and how drastic the changes are and that they will not improve. This needs to be notarized or if it is not then you need a sworn statement regarding the changes.

2. A Notice of Filling Petition for Modification of Legal Decision making.

This is just to get the process started. After the filing and service on the opposing party you must wait 25 days after the documents are served in Arizona (35 days if the service is out of state). Then you may provide a Request for Order Granting or Denying Custody Hearing to the Judge. If the court grants your hearing then 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.

Please check out next week’s blog about how to change parenting time.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308

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