QUESTION
How do I withdraw a Petition to Modify Parenting time that was just filed on 2/3/12? No order to appear has been issued.
Asked on Feb 04th, 2012 on Family Law - Arizona
More details to this question:
Petition to Modify Parenting Time as well as a Petition to Enforce an existing order was filed. I already have the order to appear for the Enforce petition and thats great. After I filed both, I thought more about it and it seems redundant right now to file the Modify petition because I think that alot of the issues can be addressed/solved with the Enforce petition.
How do I withdraw the Petition to Modify? In arizona, I filed it, and put copies in the judge''s inbox. No order to appear has been issued, it is not on the docket, and the other party has not been notified at all. Someone told me that I can type a letter stating that I request to withdraw it and that no order was given to appear, no responses have been filed etc and thats that.. and to flle it with the Clerk at the courthouse. I am not sure if thats accurate. Is that right? Will they accept it as a typed letter format instead of a legal Motion format? thanks for the help!
1 ANSWER
Laura Monte
If you want to drop the Petition to Modify, you will need to motion the Court to do so. You can file a Motion to Dismiss the Petition to Modify on [the date that it was filed] and use the reasons you stated in your question in the motion. Most likely the judge will grant the motion. Remember to send a copy of the motion to the opposing party and place a copy in the judge's in box so s/he can rule on the motion. I would not write a letter to the Court because these can sometimes get lost or not be accepted by the clerk's office. A motion is better.
*This answer is for informational purposes only and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C. *
*Laura B. Monte, Esq. is licensed to practice only in the State of Arizona. Any answers provided are based solely on Arizona state law and court case law.*
Answered on Feb 06th, 2012 at 11:13 AM