You might have already filed that paperwork or you might be filing it at the same time. To qualify, you must also be filing another petition that would affect child custody, such as divorce paperwork or a request to modify parenting time or legal decision-making. Typically, it’s best to work with a family law attorney during this process.Īs the Maricopa County website puts it, you can file for a temporary order if “someone is about to cause serious, immediate bodily harm to another person, or the health, safety, and welfare of a person is otherwise in serious and immediate jeopardy.” This means that a person asking for it must present substantial evidence to document the emergency situation. The burden of proof lies with the person making the petition for a temporary order. The court generally only puts these orders into place in cases where a child faces the possibility of significant and irreparable harm. This order gives all decision-making power to the person or party with physical custody for a limited timeframe until the full case can be heard in court. In some cases, the State may even get custody (as per Title 25-1034). This temporarily grants one parent or another party sole physical and legal custody of the child in question. What is an Arizona emergency child custody order?Īn emergency custody order is also called a temporary order. Note that when you first contact the Arizona Legal Center, a law student (and not a practicing attorney) will handle your intake. You can contact the Arizona Legal Center today to learn more about your rights in your situation. Here’s how to get emergency custody in Arizona.ĭisclaimer: This article is not intended to be legal advice. When a situation that threatens the well-being of your child arises and you need to seek emergency custody, Arizona law provides a specific set of guidelines to follow.
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