o If you are attempting to relocate and also want to make a change in custody, you will need to follow the guidelines in ARFLP 91D. Typically, this type of change will change parenting time and child support, so follow those standards, too. Essentially, though, if you are changing custody, 91D has the most strict standards...follow those and you'll be fine.
Set forth the reasons for the relocation and the new proposed parenting plan. If you are requesting a change in support, tell the court all of the relevant financial information that is used to calculate child support. Finally, tell the court whether the parenting plan requires the parties to mediate. If so, tell the court what you have done to attempt to mediate, if anything. You can also request mediation.
Pleading (Petition to Prevent Relocation)
Quote the specific language in the parenting plan that you want to change. Typically, this is the parenting time you currently have that you are going to lose if relocation is granted. Then, tell the Court why you feel relocation should not be allowed. What damage will it do to your relationship with the children? Tell the Court what parenting plan you would like if your ex is allowed to relocate WITHOUT the children. Cite 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. If so, tell the court what you have done to attempt to mediate, if anything. You can also request mediation.
Other required Pleadings
Everyone would require a blank Order to Appear. If you are requesting a change in custody, a Notice of Filing Petition for Modification of Child Custody will be issued by the Clerk of the Court. If the request includes a modification for child support, you will need a completed Affidavit of Financial Information, and a blank one for the other parent, and a Child Support Worksheet.
Filing fee - currently $81 in Maricopa County. If you are responding to a Petition, though, there is no response fee typically. You will need to file: the 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), completed Affidavits of Financial Information (original + 3 copies). The clerk will issue a Notice of Filing Petition for Modification of Custody if you are requesting a change in custody.
Deliver to the Judge
Deliver to the judge the following: - Petition (one copy), completed Affidavit of Financial Information (one copy), blank Orders to Appear (three copies), Notice of Filing Petition for Modification of Child Custody (issued by the Clerk of the Court), and two self-addressed, stamped envelopes (one addressed to you, one to the other party).
Serve the other party
Once you have filed, serve the other party with: o Petition, Order to Appear, Notice of Filing Petition for Modification of Child Custody, If requesting a change in support, also serve Blank Affidavit of Financial Information, your completed Affidavit of Financial Information, and Child Support Worksheet.
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