Jones, Justin vs Lopez, Erandeni
No. FC2017-007913 / JONES / LOPEZ
PETITION TO MODIFY LEGAL DECISION-MAKING AND PARENTING TIME
Michael A. Lincoln (023564); Russell F. Wenk (024022); Lisa L. Monette (030381); LINCOLN & WENK, PLLC, 1616 N. Litchfield Rd., Suite 140, Goodyear, AZ 85395; 623-536-5500, Phone; 623-536-1984, Fax email@example.com; firstname.lastname@example.org Attorneys for Respondent
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA
In re the Matter of: JUSTIN JONES, Petitioner and ERANDENI LOPEZ, Respondent
Respondent, ERANDENI LOPEZ, ("Mother"), by and through undersigned counsel, hereby submits her Petition to Modify Legal Decision-Making and Parenting Time, 1. Respondent, ERANDENI LOPEZ, ("Mother"), resides at 4103 N. 100th Avenue, Phoenix, Arizona 85037, and her date of birth is February 24, 1996. 2. The last known address of Petitioner, JUSTIN JONES, ("Father"), is 1460 E. Bell Road, Apt. 2148, Phoenix, Arizona 85042, and his date of birth is September 29, 1990. 3. There is one minor child common to the parties, namely: Eliana Jones, Born July 1, 2017. 4. The judgment/order for paternity, legal decision making, parenting time and child support was entered by the Honorable Scott Minder via minute entry dated May 1, 2018 (filed May 2, 2018). The orders have not been modified and the same remain in full force and effect. 5. In pertinent part, Father was declared the natural and biological father of the minor child and the parties were awarded joint legal decision making. With respect to parenting time, Mother was designated as the primary residential parent and a gradual parenting plan for Father increasing ever two weeks so long as he exercised his ordered parenting time within each two-week block. The order also set forth a holiday plan. 6. The order requires Father to pay child support in the amount of $364 to Mother plus an additional $131 toward his arrearage obligation for a total payment of $500 per month (Clearinghouse fee included). 7. A significant and continuing change of circumstances exist warranting a modification to the legal-decision making and parenting time orders. 8. Father has failed to follow through with the parenting time orders and has not exercised any parenting time with the child. In fact, Father has not had any contact with the child since August 2017 when the child was only one (1) month old. 9. Approximately five to six months ago, Father texted Mother to request a parenting time visit that same day at a local Peter Piper Pizza. This was not a scheduled parenting time day for Father nor did he provide Mother with any advanced notice. Regardless, Father did not follow through with finalizing plans. Other than the one text, Mother has received no contact from Father with respect to exercising his parenting time since the aforementioned schedule was ordered by the court. 10. Father has been absent from the child nearly her entire life and has had nearly no contact with Mother. As a result, it is no longer appropriate for the parties to share joint legal decision-making. The current orders should be modified such that Mother should be awarded sole legal decision making of the minor child. 11. In addition, given the fact Father has not had any contact with the child since August 2017, parenting time should be modified to indicate the child should reside exclusively in Mother's care. Should Father ever request parenting time with the minor child, any visits should be supervised and at Mother's sole discretion. 12. Child Support should remain as currently ordered. 13. Should Father not contest this matter, each party should be responsible for his/her own attorney's fees and costs incurred herein. However, should Father take unreasonable positions and unnecessarily litigate this matter, Mother should be awarded her attorney's fees and costs incurred in this matter pursuant to A.R.S. §25-403.08, or as may otherwise be provided by law. WHEREFORE, based upon the foregoing, Mother respectfully requests this Court issue an order requiring Father to appear and show good cause why the following orders should be entered: 1. Award Mother sole legal decision-making of the minor child, namely: Eliana Jones, born July 1, 2017; 2. Order the minor child to reside exclusively in Mother's care with parenting time between Father and the child to be at Mother's discretion; 3. Order each party to be responsible for his/her own attorney's fees and costs incurred in this matter. Or, in the alternative, award Mother her attorney's fees and costs pursuant to A.R.S. §25-403.08, or as may otherwise be provided by law, in the event Father takes unreasonable positions and unnecessarily litigates this matter.
DATED this 30th day of July, 2019. LINCOLN & WENK, PLLC By: /s/ Michael A. Lincoln, Esq., 1616 North Litchfield Road, Suite 140, Goodyear, Arizona 85395, Attorney for Respondent
ORDER TO APPEAR for Resolution Management Conference
Respondent filed a Petition to Modify Legal Decision-Making and Parenting Time on July 30, 2019. Accordingly, IT IS ORDERED that Petitioner Justin Jones and Respondent Eradeni Lopez shall appear in person at a Resolution Management Conference (RMC) on September 26, 2019 at 2:00 p.m. for 30 minutes before: The Honorable Scott S. Minder, Maricopa County Superior Court, Central Court Building, 201 West Jefferson, 6th Floor, Courtroom 602, Phoenix, Arizona 85003. SERVICE The party that filed the Petition MUST SERVE a copy of the Petition (and/or Motion, if one was filed) this Order to Appear and all related documents on the other party in accordance with the Arizona Rules of Family Procedure. The documents must be served no later than September 9, 2019. Proof of service must be provided to the Judge's office at least 14 business days before the RMC or the RMC may be rescheduled or the matter dismissed. The party who receives the documents may file a Response. For information about service, see Rule 41, Arizona Rules of Family Law Procedure, at the Court's website, www.maricopacountysuperiorcourt.gov, or the packet regarding service available at the Court Resource Center. FAILURE TO APPEAR If only one party comes to the RMC, the Court will likely proceed without the other party's participation which may include dismissal or denial. If neither party comes to the scheduled hearing, the matter may be dismissed. WHAT HAPPENS AT THE RMC The purpose of the RMC is to facilitate agreements between the parties and determine how the matter will proceed to resolution. The Court will not accept evidence, so you do not need to bring witnesses or documents. HOW TO PREPARE FOR THE RMC Before the RMC, each party must disclose to the other party all documents and information he or she has that is relevant to the case under Rules 49 and 54 of the Arizona Rules of Family Law procedure. The failure to give the opposing party the information may mean the information cannot be used at trial. At least 5 days before the RMC, each party must (1) file; (2) provide the opposing party; and (3) hand deliver to the Judge's office a Resolution Statement as required by Rule 76(A) of the Arizona Rules of Family Court Procedure. The Resolution Statement must include a description of agreements reached by the parties and each party's position on issues still in dispute. At least 5 days before the RMC, the parties must meet and discuss their positions to try to resolve issue(s). This requirement does not apply if a Court order prohibits contact between the parties or they have a history of domestic violence. If the parties have lawyers, the lawyers are still obligated to resolve as many issues as possible. Information about the RMC is available at Rule 76, Arizona Rules of Family Law Procedure, on the Court's website, www.maricopacountysuperiorcourt.gov. Parties that have minor, un-emancipated child in common, must complete an approved Parent Education Program in accordance with AR.S. § 25-351 et seq. and file proof of completion before the RMC. Information about the Parent Education Program class is available at http://superiorcourt.maricopa.gov/:fumily/pip. Requests for reasonable accommodation for persons with disabilities must be made to the Judge's office five days before your hearing. Requests for an interpreter for persons with limited English proficiency must be made ten days in advance of your hearing. Failure to obey this order may result in sanctions.
DONE THIS 7TH DAY OF AUGUST, 2019 Honorable Scott S. Minder, Judge of the Superior Court
ORDER CONTINUING RESEOLUTION MANAGEMENT CONFERENCE
Based upon the Motion submitted concurrently herewith, and good cause appearing therefrom; IT IS HEREBY ORDERED continuing the Resolution Management Conference presently scheduled before this division on September 26, 2019, at 2:00 p.m. to November 18, 2019, at 1:30 p.m. for a period of thirty (30) minutes.
DONE IN OPEN COURT this 23rd day of September, 2019. /s/ Honorable Scott S. Minder, Maricopa County Superior Court
ORDER CONTINUIG RESEOLUTION MANAGEMENT CONFERENCE AND PARENTING TIME
Based upon the Motion submitted concurrently herewith, and good cause appearing therefrom; IT IS HEREBY ORDERED continuing the Resolution Management Conference presently scheduled before this division on November 18, 2019 at 1:30 p.m. to January 21, 2019, at 2:00 p.m. for a period of thirty (30) minutes. IT IS FURTHER ORDERED permitted Mother to serve Father via publication.
DONE IN OPEN COURT this 6th day of November, 2019. /s/ Honorable Scott S. Minder, Maricopa County Superior Court
EXPEDITED MOTION TO CONTINUE HEARING AND MOTION FOR ALTERNATE SERVICE
Respondent, ERADENI LOPEZ, ("Mother"), by and through undersigned counsel, hereby respectfully requests this Court continue the Resolution Management Conference scheduled before this division on November 18, 2019, at 1:30 p.m. and permit her to serve Petitioner, JUSTIN JONES, ("Father"), by alternate means. Father's whereabouts remain unknown. Mother was forced to file a Motion to Continue the initial Resolution Management Conference scheduled on September 26, 2019, as a result of not being able to locate Father which included a request for alternative service. The Court granted Mother's Motion to Continue but denied the request for service by alternate method. Mother's private investigator completed another skip trace on Father using license plate information for a vehicle believed to be owned by Father. See Exhibit 1 attached hereto. The skip trace showed Father again appears to bounce from location to location. The most recent address for his vehicle was the same last known address as listed in the first skip trace performed and where Mother previously tried serving Father, 7037 N. 32nd Avenue, Phoenix, Arizona 85051. Mother's process server re-attempted service at that location and spoke to the woman who resided in the home. The individual confirmed Father no longer lived there, had not lived there for quite some time, and she did not know where he was currently residing. See Exhibit 2 attached hereto for the Certificate of Non-Service. Based on the skip trace results, and assuming Father still owns and/or drives the same vehicle, Father's whereabouts remain unknown. Undersigned counsel's office previously left a voicemail with Father's sister, and messaged Father through his Facebook profile; a response has never been received by either of them. In fact, the Facebook message shows Father has not even viewed the message. See Exhibit 3 attached hereto. Mother has made every effort to try to locate Father. She has completed two skip traces, has tried serving him at multiple addresses, and has tried reaching him through family or social media. All attempts have been to no avail. As set forth in Mother's previous Motion to Continue and Motion for Alternate Service, it has been over two years since Mother knew of Father's residence and she has had no contact with him for quite some time. Mother is simply at a loss on how to locate Father at this point and respectfully requests this Court permit her to serve Father via publication. WHEREFORE, based upon the foregoing, Mother respectfully requests this Court: 1. Continue the Resolution Management Conference presently scheduled before this division on November 18, 2019, at 1:30 p.m. for a period of forty-five (45) days; 2. Permit Mother means to serve Father via publication as his whereabouts remain unknown.
DATED this 6th day of November, 2019. LINCOLN & WENK, PLLC By: /s/ Michael A. Lincoln, Esq. 1616 N. Litchfield Rd., Ste. 140, Goodyear, Arizona 85395, Attorney for Respondent
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