Arizona, Maricopa County. I filed a Petition to Modify parenting time today and found out that the judge who originally heard the case has been moved. How can I cancel the Petition (the order to appear has not been given). Do I have to fill out a motion to dismiss or is that not necessary since the order to appear has not been processed? Is there a simpler form that must be filled out? Thanks for your assistance. And yes, I also filed a Petition to Enforce the existing order which I am fine with moving ahead with.
1 Answer from Attorneys
In Maricopa County, judges can be rotated every year, so it is not uncommon. If the judge was moved based on annual judicial rotation and isn't doing family court cases anymore, your case will simply be assigned to the judge who took over the caseload. (If your judge isn't doing family court anymore, then he/she wouldn't typically hear your motion anyway.) There isn't really any need to cancel your Petition to Modify- it would just be heard by the current judge, who will have your case file complete with any notes made by the previous judge.