Pleading (Petition to Modify or Clarify Parenting Time)
Quote the specific language in the parenting plan that you want to change. If it is too much to cite directly, incorporate the parenting plan by reference. Then, set forth the "substantial and continuing changes in circumstances" that merit a change (i.e., danger to children, historically different schedule, relocation, etc.) If you are seeking a DENIAL of parenting time, you must tell the Court why failure to restrict parenting time would ENDANGER THE CHILD'S PHYSICAL, MENTAL, MORAL OR EMOTIONAL HEALTH. Tell the court what relief you are seeking. If you are requesting a change in child support, include both incomes and all relevant expenses for the children. Tell the court whether the matter is a IV-D (four-dee) matter or not. If you don't know, you most likely are not. The date the prior order was entered and the name and location of the court that entered the prior order. Finally, tell the court whether the parenting plan requires the parties to mediate.
Other required pleadings
You will need a blank Order to Appear and, if seeking a change in support, a completed Affidavit of Financial Information, a blank Affidavit of Financial Information, and a Child Support Worksheet.
When you are ready to file, take the following to the filing counter: Filing fee, currently $81 in Maricopa County, Petition (original + 3 copies) The clerk will notarize the petition if you haven't already done so. If requesting a change in child support, Child Support Worksheet (four copies), and your completed Affidavit of Financial Information (original + 3 copies).
Deliver the following to the judge's inbox
Deliver to the judge, the Petition (one copy), completed Affidavit of Financial Information (one copy), Orders to Appear (three copies), Child Support Worksheet (one copy), your completed Affidavit of Financial Information (one copy) and two self-addressed, stamped envelopes (one addressed to you, one to the other party).
Serve the Other Party
Serve the other party with your Petition and Order to Appear. If requesting a change in support, also serve Blank Affidavit of Financial Information, your completed Affidavit of Financial Information, and the Child Support Worksheet.
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