The Question:
How do I respond to a Petition for Enforcement of Parenting Time? The father filed in retaliation for being found in contempt of court for not paying his child support. He has willingly not exercised his parenting time. Is there something I can say in my response to get this thrown out?
RJ Says:
If the father has filed for expedited services and you’ve been ordered to appear at a conference or evidentiary hearing, a written response isn’t required but is allowed. In your response, you should outline the father’s voluntary relinquishment of his parenting time. Prepare to present evidence supporting this claim, such as records of missed visits or communications indicating his choice not to exercise his parenting time.
Your response alone won’t lead to the case being dismissed before the hearing. However, the court may decide the matter during the conference or hearing based on the evidence provided.
Remember, the father is entitled to exercise his court-ordered parenting time unless you seek to modify the existing orders. If you believe a modification is in your child’s best interest, consider filing a petition to adjust the parenting time arrangement.
Consulting with an experienced family law attorney in Phoenix can help you navigate this process and ensure your child’s best interests are prioritized. Schedule a free half-hour consultation to discuss your case and develop a plan. Call (602) 256-7575 to schedule your consultation.