Child Custody

questions & answers

Question: what forms do i need to file for a response to modification of custody. what format do i use to put together the forms.

Answer:

You may want to check with your local superior court's self service center to see if they have a " blank template" for responding to motions.  There really is not a specific form for responding to modification of custody.  You can also go to your local law library (sometimes found in the superior court) and ask to see a "practice book" or a "form book" for family court matters.  You may be able to find helpful information there.

Also, refer to the Arizona Rules of Family Law Procedure.  Specifically, note what the rules say about responsive pleadings in general:

Rule 29, General Rules of Pleading:

* * *

B. Form of Response; Form of Denials. A party shall state in short and plain terms the party's response to each claim made and shall admit or deny the statements of fact upon which the other party relies. The response shall set forth any statement of fact on which the responding party relies which differs from the factual statements of the other party. The response may include any other claim for relief not referenced in the petition, but which is permitted under these rules. If a party is without knowledge or information sufficient to form a belief as to the truth of a statement of fact, the party shall so state and this has the effect of a denial.

* * *

D. Pleading to be Concise and Direct; Consistency. Each statement of fact of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. A party may set forth two or more statements of a claim or defense alternatively or hypothetically. When two or more statements are made in the alternative, and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds or both. All statements shall be made subject to the obligations set forth in Rule 31(A).

There is also a "blank motion" form available online.  If you use this form, remember to change the parties to "Petitioner" / "Respondent" instead of "Plaintiff / "Defendant."

 

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