questions & answers

Question: I currently have joint custody of my children in which I have them 50% of the time. My ex-wife and I do not agree on which schools our children should attend, and our paperwork states that neither of us can make the final decision. An attorney had told me that if we have tried mediation with conciliation services (which we have tried), then the next step would be to file a motion for school determination. My question is: how do you go about doing that? I do not see forms that seem to pertain to this. Thanks!

Answer: To change the school determination, one would need to file a petition to modify custody and/or the parenting plan under Family Law Rule 91. The forms for that type of petition are available to Maricopa County litigants on the superior court's website. Comparable forms may also be available in other counties, too. Parties will want to make every conceivable effort to resolve this short of going to court. Many judges won't be too happy about a dispute like this, especially since it's the sort of problem usually resolved without a hearing.