questions & answers

Question: Back in March 2017 I had a court order joint custody and parenting time with no child support. On 12/05 I received paperwork from the kids mom asking to modify the parenting time custody and support. I need to respond back to her back I don't know what exact form to use. Everything I see if for someone to start up the modification process.

Answer: The statute that governs legal decision making (custody) and parenting time modifications is Arizona Revised Statute, Section 25-411.  Section A begins:  "  A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health."   It has been less than a year since your custody order was entered.  You will need to file a response to her petition and object.  If you decide to handle it yourself, you can go to the website for the Superior Court and download a form.  Because your ex is now seeking child support, you may want to consult a lawyer and get some advice.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.  If you do not want to talk to an attorney, go to the court's website, find the county where you live, and look for the self-help center or the section with forms for litigants.  The website is www.azcourts.gov.