Litchfield Park, AZ asked in Family Law and Child Custody for Arizona

Q: What papers do I file to terminate a parenting plan?

My now then ex an I have been back together for 2.5 years. Our court date was October 2018. Child support was stopped July of 2019. But there’s still a parenting plan in place. We don’t use it, we have been living together for almost 2 years now. We would love for the parenting plan to end. As if there is no parenting plan in place.

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2 Lawyer Answers
Stephen M Vincent
Stephen M Vincent
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: There's not a Court form by that name. You'll have to use a Blank Form and title it "Petition to Terminate Parenting Plan"

Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Arizona

A: I am not sure the Court will be inclined to vacate the Order because the two of you share custody and are not married. I feel your options are: a) get married which would nullify the parenting plan or b) ask the Court to modify the Order to acknowledge the fact that the two of you are co-habitating and co-parenting together as if married.

Heaven forbid the two of you were to split, either of you could ask for another modification. If you vacate / terminate the Order, you would likely have to start over again with a new case. The Court may prefer to keep all proceedings under the same case number.

You could also just ignore the Order. Only you or the children's other parent have standing to ask the Court to find that the Order has been violated. You have mutually agreed to ignore the Order and the evidence would show that neither of you have been following it for the past two years. No judge in their right mind is going to find either of you in contempt for not following the Order at this point.

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