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- Family Law and Emergency Custody Petitions
- Custody and Parenting Time in Arizona
- Filing an Emergency Custody Petition
- Emergency Custody and Motions for Temporary Orders
- Child Custody in Arizona: Emergency Orders
- Filing a Motion or Petition for Emergency Custody of a Child
- Orders Without Notice and Ex Parte Emergency Custody
- Justifying an Ex Parte Order
- Role of a Family Law Attorney and Law Firm Support
- When Orders Are Entered and What Happens Next
- Circumstances Justifying an Ex Parte Emergency Order
- Key Takeaways
- Contact a Family Law Attorney From CHM Law
Families sometimes face situations where waiting for a standard custody hearing could place a child at serious risk. In those cases, Arizona law provides a way for parents or guardians to request immediate protection through an emergency custody petition. These petitions allow the court to step in quickly, sometimes even issuing an order without notice to the other parent if the danger of harm is urgent.
This article explains how emergency custody petitions work under Arizona family law, when a parent may file, what evidence is needed, and how Arizona courts handle these requests. This article will also go over the connection between custody orders, parenting time, child support, and emergency order.
Family Law and Emergency Custody Petitions
In Arizona family law, custody is legally referred to as legal decision making and parenting time. Courts in the state of Arizona prioritize the best interest of the child under A.R.S. § 25-403. Normally, child custody in Arizona is resolved through a full hearing where both parents have notice and the opportunity to be heard.
However, when there is a credible risk that a child would be in danger of harm if left with one parent, the court can issue an emergency custody order. These emergency petitions are governed by ARS § 25-403.09 and are designed to protect the child from immediate threats.
Key things to remember:
- Emergency custody is temporary.
- It does not replace permanent child custody orders already in place.
- A petition for emergency custody must fully satisfy the requirements of this rule.
- Courts only grant emergency custody if circumstances justifying an ex parte order exist.
Facing an Urgent Custody Situation?
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Understanding Emergency Custody Petitions in Arizona: When Can You File?
Custody and Parenting Time in Arizona
Custody, or legal decision making, involves authority to make decisions about the children regarding education, healthcare, and other important matters. Parenting time refers to the amount of time each parent spends with the child under a court order or parenting plan.
Emergency orders may temporarily change both parenting time and custody when necessary. For example, the court may issue orders that suspend one parent’s physical custody if the child would be in danger, or order supervised parenting time until a full hearing can be held.
Even in emergency custody cases, courts must consider:
- The child’s safety.
- The parenting plan already in place.
- Whether child custody orders already exist.
- The need to preserve stability while also protecting children from one parent if risk is present.
Filing an Emergency Custody Petition
Parents often ask, “When can I file a petition for emergency custody of a child in Arizona?” The short answer is that you may file when immediate action is needed to protect the child from danger of harm.
Filing Requirements
- You must file in the Superior Court of the county where the child resides.
- A motion shall be filed along with an affidavit explaining the circumstances justifying an ex parte order.
- The petition must include details, evidence, and certification that the order being requested complies with the requirements of this rule.
- A fee to file applies, though fee waivers may be available.
The petition to modify or emergency petition can be filed after or concurrently with an initial custody case. In some situations, you must file an emergency petition concurrently with an initial custody petition or divorce proceeding.
Filing Steps
- Draft the petition and motion for temporary orders.
- Attach supporting evidence such as affidavits, police reports, or CPS records.
- File a request with the clerk of court.
- Pay the fee to file or apply for a waiver.
- Ask a court to review the petition immediately.
Emergency Custody and Motions for Temporary Orders
A motion for temporary orders and an emergency petition serve different purposes. Temporary orders may be issued while a case is pending, setting rules for custody, parenting time, and child support until a final court order is entered.
An emergency ex parte order, by contrast, is only granted if damage will result or the child would be in danger without immediate action. The court can issue an emergency order without notice if the affidavit demonstrates circumstances justifying an ex parte decision.
Child Custody in Arizona: Emergency Orders
Child custody in Arizona emphasizes protecting children’s welfare. Courts may issue orders without notice when there is clear and present danger. An emergency custody order is often sought in situations involving:
- Domestic violence in the home.
- Substance abuse while the child is present.
- Threats to take the child out of state.
- Refusal to provide medical care.
The court must be convinced that granting emergency custody would protect the child until a full hearing.
Filing a Motion or Petition for Emergency Custody of a Child
When you file an emergency petition or motion for temporary orders, the court determines whether immediate intervention is justified. A family law attorney can help ensure your custody petition meets all filing requirements.
What Happens Next?
- If the court finds the affidavit credible, an emergency ex parte order (an order issued by the court without the presence of the other party).
- The order is issued without notice but must be served quickly.
- A private process server or law enforcement officer may serve the other parent.
- Notice to the other party must follow promptly, usually within 24 hours.
- The court schedules a full hearing where the other parent can be heard in opposition.
Orders Without Notice and Ex Parte Emergency Custody
An order without notice is sometimes necessary when giving notice would place the child at further risk. The Arizona rules of family law procedure allow a court to issue orders without notice if the affidavit proves circumstances justifying an ex parte order.
Important details:
- The court may issue such orders only in urgent circumstances.
- A judge will hear arguments at a follow-up hearing within days.
- Once an order is issued, a process server must deliver papers to the other parent.
- Certified mail or acceptance of service may also be used.
Justifying an Ex Parte Order
The most challenging part of filing a motion for emergency custody is justifying an ex parte order. Judges are cautious because issuing orders without notice takes away one parent’s right to respond.
The affidavit must show:
- The child would be in danger if left with one parent.
- Immediate harm or damage will result without action.
- The court must act to protect the child.
Examples of circumstances justifying an ex parte order include:
- A parent threatens abduction.
- A child shows signs of physical abuse.
- Evidence of drug use in the home.
Role of a Family Law Attorney and Law Firm Support
A family law attorney plays an essential role in filing a motion for temporary orders, presenting a petition for emergency custody, and ensuring all rules of family law procedure are met. The attorney helps with:
- Drafting affidavits and petitions.
- Making sure a motion shall be filed correctly.
- Coordinating with a private process server for notice to the other parent.
- Advising on child custody orders, child support calculations, and parenting plans.
- Ensure to use the updated Arizona online child support calculator that reflects the recent changes to family law statutes regarding custody and support calculations.
At a law firm like Colburn Hintze Maletta, attorneys ensure orders are entered properly and that the party’s attorney certifies all filings comply with Arizona law.
When Orders Are Entered and What Happens Next
After an emergency custody order is issued without notice, the court schedules a full hearing. Notice of hearing is required so the party has notice and can be heard in opposition. The judge will hear both parents and review all evidence.
Possible outcomes:
- The court may continue the emergency order.
- The court may issue orders modifying custody of the children.
- The court may deny the petition to modify if the evidence is not strong.
- The court may issue orders adjusting parenting time or child support.
Once orders are entered, they remain in place until modified or replaced by permanent custody orders.
Circumstances Justifying an Ex Parte Emergency Order
Circumstances justifying an ex parte emergency order under Arizona family law include:
- Immediate threats of harm.
- Domestic violence creating unsafe conditions.
- Drug or alcohol abuse endangering the child.
- Child abandonment.
The court to issue an emergency custody order must fully satisfy the requirements of this rule, and the order being requested must be supported by evidence.
Key Takeaways
- Emergency custody petitions are rare and serious.
- Filing must include an affidavit justifying an ex parte emergency order.
- Notice to the other party is required shortly after the order is issued.
- A family law attorney can help ensure compliance with the Arizona rules of family law.
- The court may grant the petition only if circumstances justify emergency action.
Contact a Family Law Attorney From CHM Law
If you are a parent facing an urgent custody dispute, the legal process can move fast and be overwhelming. Filing a petition, presenting affidavits, and proving circumstances justifying an ex parte order all require careful preparation under Arizona law.
At Colburn Hintze Maletta, we know how critical it is to protect the child’s safety while also preserving parental rights. Our attorneys have experience handling emergency petitions, motions for temporary orders, and custody hearings in family court. We also understand how the Superior Court reviews emergency orders and how to work with judges to grant the petition when a child would be in danger.
We offer free consultations where you can meet with a family law attorney, review your case, and receive guidance tailored to your situation. We will file petitions, prepare affidavits, notify the court, and coordinate service through a private process server or law enforcement officer to make sure your filing is properly handled.
Call us today at (602) 755-6290 or contact us through our website to schedule your free consultation.
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