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Petition For Relocation Modification Clarification Form. This is a Arizona form and can be use in Yavapai Local County.
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Tags: Petition For Relocation Modification Clarification, Arizona Local County, Yavapai
(A) Name:
Mailing Address:
Daytime Telephone:
ATLAS#:
Representing Self, Without a Lawyer
IN THE SUPERIOR COURT OF ARIZONA, YAVAPAI COUNTY
Regarding the Matter of:
(C) DO
(D)
(B)
Petitioner
PETITION FOR
[
[
[
[
[
and
(B)
Respondent
]
]
]
]
]
Relocation of Child(ren)
Prevent Relocation of Child(ren)
Modification of Custody
Modification of Parenting Time
Clarification of Parenting Time
STATEMENTS MADE TO THE COURT, UNDER OATH
1.
Petitioner's Name:
Address:
County of residence:
Date of birth
The Petitioner is the [ ]
Mother [ ] Father [ ] Other: (explain)
the child(ren) who is/are the subject(s) of this Petition.
[ ]
2.
The Petitioner is enlisted in the military, and
[ ] has OR
[ ] has not been
deployed for at least one day during the past 6 months (skip if you are requesting clarification
only).
Respondent's Name:
Address:
County of residence:
Date of birth
The Respondent is the [ ] Mother [ ] Father [ ] Other: (explain)
the child(ren) who is/are the subject(s) of this Petition.
[ ]
3.
of
of
The Respondent is enlisted in the military, and
[ ] has OR
[ ] has not been
deployed for at least one day during the past 6 months(skip if you are requesting clarification
only) .
INFORMATION ABOUT THE CHILD(REN) who is/are the subject(s) of this Petition (skip if you are
requesting clarification only):
Child’s Name
Birth date
Address
Length of time at address
Names and addresses of persons lived with for the past five (5) years
Present addresses of person(s) lived with
Superior Court of Arizona in Yavapai County
September 2007
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Child’s Name
Birth date
Address
Length of time at address
Names and addresses of persons lived with for the past five (5) years
Present addresses of person(s) lived with
Child’s Name
Birth date
Address
Length of time at address
Names and addresses of persons lived with for the past five (5) years
Present addresses of person(s) lived with
4.
CUSTODY OR PARENTING TIME CASES INVOLVING THE MINOR CHILD(REN) (skip if you are
requesting clarification only):
[ ] I HAVE [ ] I HAVE NOT been a party or a witness in court, in this state or any other state,
involving the custody or parenting time of any child(ren) named above. (If so, explain below, using
extra pages if necessary.)
Name of child:
Court state
Court location
Court case number
Status
How the child is involved:
Summary of any court order:
5.
PENDING/PAST CASES RELATED TO MINOR CHILD(REN) (skip if you are requesting clarification
only): (check one box)
[ ] I DO [ ] I DO NOT know of any court case, in this state or any other state, that could affect
this case, including enforcement, domestic violence, protective orders, drug convictions, sexual
offenses, termination of parental rights and adoptions. (If so, explain below, using extra pages if
necessary.
Court state
Court location
Court case number
Status
Nature of the proceeding:
Date of conviction, if applicable
6.
CUSTODY OR PARENTING TIME CLAIMS OF ANY OTHER PERSON (skip if you are requesting
clarification only): (Check one box)
[ ] I KNOW [ ] I DO NOT KNOW the name and address of any person, other than the Petitioner
or the Respondent, who has physical custody of the child(ren) or claims rights of legal custody,
physical custody or parenting time of any child(ren) named above. (If so, explain below, using extra
pages if necessary.)
Superior Court of Arizona in Yavapai County
September 2007
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Name of each child:
Name of person with the claim:
Address of person with the claim:
Nature of the claim:
7.
RELOCATION (if applicable). Moving party wishes to [ ] relocate with the child(ren)
OR [ ] prevent relocation to (location)
Date of planned move
8.
BASIS OF RELOCATION REQUEST (if applicable).
A.
[ ]
Applicant believes that this relocation is in the best interest(s) of the child(ren) and will
substantially improve the quality of life for the Applicant and the child(ren) for the
following reasons: OR
[ ]
Applicant believes that this relocation is not in the best interests of the child(ren) and
will adversely affect the child(ren) and/or his or her custody and/or parenting time
rights for the following reasons:
1.
2.
3.
B.
Applicant's motives in seeking to relocate: [ ] are OR
[ ] are not
interfere with the other party's relationship with the children because
C.
A realistic substitute parenting time schedule to allow the other party time with the
child(ren): [ ] is OR [ ] is not possible
as shown in the attached and
incorporated Proposed Parenting Plan because
D.
Other reasons (pursuant to A.R.S. 25-408 and 25-403, et.seq.)
9.
[ ]
Notice of proposed relocation pursuant to A.R.S. 25-408: [ ] was
properly given to:
(name)
on (date)
by (how notice was given)
10.
CURRENT CUSTODY/PARENTING TIME ORDERS:
[ ]
[ ]
[ ] was not
I have a current custody order by the Superior Court in Yavapai County.
Date of order or decree:
I have a current custody order from the Superior Court in Arizona but not from
Yavapai County.
[ ]
I have already filed a certified copy with this Court.
Name of county
Date of order or decree:
Superior Court of Arizona in Yavapai County
September 2007
OR
intended to
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[ ]
[ ]
11.
I have a current custody order from another state.
[ ]
I have already filed a certified copy with this Court. I have also listed the prior
addresses of the child(ren) for the past five (5) years above.
Name of state:
Name of county in state:
Date of order or decree:
This Court has jurisdiction to decide this custody issue pursuant to A.R.S. 25-1034 because
the child(ren) is present in the state and is abandoned or an emergency exists such that the
child(ren), sibling(s) and/or parent of the child(ren) is in danger of bodily injury.
Facts supporting this claim
WHAT THE CURRENT ORDER SAYS ABOUT CUSTODY
[ ]
Sole Custody of the minor child(ren) to [ ] Petitioner [ ] Respondent.
[ ]
[ ]
[ ]
I make this request at least one (1) year after the judge signed the custody
decree/order.
OR
Less than one (1) year has passed since the custody decree/order was signed, but I
want to change it because I have reason to believe the child(ren)'s present
surroundings may endanger the child(ren)'s physical, mental, moral or emotional
health.
Joint Custody of the minor child(ren) to both Petitioner and Respondent, and
[ ] Petitioner [ ] Respondent was given primary care of the child(ren).
[ ]
[ ]
[ ]
[ ]
I make this request at least one year after the judge signed the custody decree/order.
OR
I make this request at least six (6) months after the judge signed the decree/order
because the other parent has failed to follow the decree/order.
OR
I make this request less than six (6) months after the judge signed the decree/order
for joint custody, but since the judge signed the decree/order for joint custody there
has been [ ] Domestic Violence between the parties.
Spousal Abuse [ ] Child Abuse has occurred.
Name and location of Government Agency or court reported to
Date
[ ]
12.
Case number
The current custody order or agreement contains a provision that requires the parties
to pursue mediation or other alternative dispute resolution process before requesting
a modification order and I have taken the following steps to comply with this provision:
WHAT THE CURRENT ORDER SAYS ABOUT PARENTING TIME
[ ]
Reasonable parenting time to [ ] Petitioner [ ] Respondent
[ ]
According to the terms of a Parenting Plan filed (date)
Pursuant to the Yavapai County Child Access Guidelines
[ ]
[ ]
Supervised parenting time to [ ] Petitioner [ ] Respondent
[ ]
No parenting time to [ ] Petitioner [ ] Respondent
Superior Court of Arizona in Yavapai County
September 2007
OR
OR
OR
OR
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[ ]
The current parenting time order or agreement contains a provision that requires the
parties to pursue mediation or other alternative dispute resolution process before
requesting a modification order and I have taken the following steps to comply with
this provision:
13.
WHAT THE CURRENT ORDER SAYS ABOUT RELOCATION (if applicable):
[ ]
There is an attached Parenting Plan or other written agreement between the parties that
[ ] permits OR [ ] prohibits relocation;
OR
[ ]
Other
14.
THIS IS THE PART OF THE ORDER I WANT MODIFIED OR CLARIFIED: (Explain in detail and
use extra pages if necessary)
[ ]
I do not want to change the current [ ] Custody
order.
AND/OR
[ ] Parenting Time
15.
WHY THE DECREE/ORDER SHOULD BE CLARIFIED (if applicable):
16.
WHAT THE DECREE/ORDER SHOULD BE CLARIFIED TO STATE (if applicable):
17.
WHY THE DECREE/ORDER ON CUSTODY AND/OR PARENTING TIME SHOULD BE
CHANGED: These are the reasons why I believe that a change of custody and/or parenting time is
in the best interest of the child(ren) (Explain in detail and use extra pages if necessary; skip if you are
requesting clarification):
[ ]
[ ]
18.
To permit relocation of the child(ren) as explained above.
Other
TIME FOR HEARING. I estimate the hearing will take
[ ] minutes
OR
[ ] hours
REQUESTS I MAKE TO THE COURT:
Superior Court of Arizona in Yavapai County
September 2007
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1.
2.
3.
4.
5.
[
[
[
[
[
]
]
]
]
]
Issue an Order that permits relocation of child(ren) named above.
Issue an Order that prohibits relocation of the child(ren) named above.
Retain current custody and/or parenting plan and dismiss action.
Issue an Order clarifying the parenting time arrangement.
Modify custody and/or parenting time as indicated below:
[ ]
SOLE CUSTODY: Sole custody of the minor child(ren) awarded to [ ] Petitioner or
[ ] Respondent subject to parenting time for the noncustodial parent as follows:
1.
[ ]
2.
3.
[ ]
[ ]
Reasonable parenting time pursuant to the Yavapai County Child Access
Guidelines;
Reasonable parenting time pursuant to the attached Parenting Plan;
Supervised parenting time. Supervised parenting time is in the best
interest(s) of the child(ren) because unrestricted parenting time would
seriously endanger the child(ren)'s physical, mental, moral or emotional
health. These facts support my claim:
[ ]
[ ]
4.
Name of person who will supervise
The cost of supervised parenting time shall be paid by
OR
[ ] Respondent
OR
[ ] shared equally.
[ ]
No parenting time: (check and explain ONLY if you want the other party
to have no parenting time): No parenting time between the child(ren) and
the other party is in the best interests of the child(ren) because any parenting
time would seriously endanger the child(ren)'s physical, mental, moral or
emotional health.
These facts support my claim:
[ ] Petitioner
[ ]
JOINT CUSTODY: Petitioner and Respondent agree to act as joint custodians of the
minor child(ren) as set forth in the Joint Custody Agreement. (A Joint Custody Agreement
signed by both parents must be attached)
AND
[ ]
OR
Domestic violence has not occurred during this relationship;
[ ]
Domestic violence has not been significant. However, domestic violence has
occurred as described in the Petition for Order of Protection(s) filed
or as described below:
OR
[ ]
Joint custody is in the best interest of the child(ren) even though domestic
violence has occurred because
Furthermore, the [ ] Petitioner
Superior Court of Arizona in Yavapai County
September 2007
AND/OR
[ ] Respondent has/have taken
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classes, participated in counseling or taken steps to avoid further domestic violence
as described below:
6.
[ ]
CHILD SUPPORT: Support payments shall begin
following the entry of the new Custody and/or Parenting Time Order. These payments, plus
a fee for handling, shall be paid through the Support Payment Clearinghouse and collected
by automatic wage assignment. AND
[ ]
Order that child support shall be paid in a reasonable amount as determined by the
Court under the Arizona Child Support Guidelines and according to the Parent’s
Worksheet, which shall be filed with this Petition.
OR
[ ]
Order that child support be paid in an amount that deviates from the Guidelines
because:
[ ]
Application of the Guidelines is inappropriate or unjust because
[ ]
OR
The parties have signed a written agreement free of duress and coercion with
knowledge of the amount of support that would have been ordered by the
Guidelines but for the agreement. A copy of the agreement is attached.
HEALTH, MEDICAL, DENTAL INSURANCE AND HEALTH CARE EXPENSES FOR
CHILDREN: Order that [ ] Petitioner or [ ] Respondent shall pay for health, medical, dental
insurance coverage for the children under the age of 18 years, and that [ ] Petitioner or
[ ] Respondent shall pay for all reasonable unreimbursed medical, dental, health-related
expenses incurred for the child(ren) in proportion to their respective incomes as described on
the Parent’s Worksheet, which shall be filed with this Petition.
7.
[ ]
8.
OTHER ORDERS I AM REQUESTING (Explain request here and use extra pages if necessary):
OATH AND VERIFICATION
State of Arizona
County of Yavapai
)
)
, being duly sworn and under oath, state that I have
I,
read this Petition and to the best of my knowledge, information and belief. I understand that if the judicial officer finds
that I did file this Petition for an improper purpose, contempt or other sanctions may be ordered against me, including
assessing me for any and all reasonable costs, attorney fees, or other expenses associated with the improper filing.
SIGNED
SUSCRIBED AND SWORN to before me this
day of
, 20
, by
My commission expires:
Notary Public
Superior Court of Arizona in Yavapai County
September 2007
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