Mesa Arizona Emergency Order for Child Custody and / or Visitation

State:
Arizona
City:
Mesa
Control #:
AZ-DR-3-E
Format:
Word; 
Rich Text
Instant download

Description

An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Failure to comply with the order is unlawful and may result in contempt of court charges. This document, a sample Order, can be used as a model to draft an order requested for submission by the court (the court often directs a party to draft an order). Adapt the language to the facts and circumstances of your case. Available for download now in standard format(s).

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FAQ

If the court makes an emergency protection order, a social worker might collect your child and take them to be looked after somewhere else. The social worker is allowed to go into your child's home to collect them. They can also collect your child from another place, for example their school or a friend's house.

If the court grants the emergency, the court will typically schedule a hearing within five days. Once granted an emergency child custody order, you will have to serve the other parent all of the documents through either a law enforcement officer or a private process server.

Section 620.060 - Emergency custody orders (1) The court for the county where the child ordinarily resides or will reside or the county where the child is present may issue an ex parte emergency custody order when it appears to the court that removal is in the best interest of the child and that there are reasonable

In case of an emergency situation, either parent can file for emergency custody and request a temporary custody order to protect the child. This can include situations where one parent is trying to remove the children from an abusive situation or where a parent is neglectful or is living in a harmful environment.

The process of obtaining temporary child custody in Arizona is to file a petition to establish custody of a child or a petition to modify a prior child custody order. In Arizona, it could, in some cases, take as much as a year to have a trial on that Petition.

Take your original paperwork and your three copies to the court clerk for filing. Find your county's court website to determine where to go to file your paperwork or to ask more questions about the process. The clerk will file your paperwork and direct you to the judge who will hear your case.

Getting an emergency custody order generally requires you to go before a judge in a special hearing. The judge will hear why you believe your child is in danger and you have an urgent need to change the physical custody of your child or children.

If a parent has welfare concerns about a child and a parent has not returned them, then it may be possible to apply for an emergency Child Arrangements Order. The court can order an interim Child Arrangements Order. This is where the child could be returned to the care of one parent, while a full hearing is ongoing.

Temporary Orders Without Notice (a) Filing and Timing. A party may request temporary orders without notice by filing a verified motion, along with a proposed form of orders and a notice of hearing on the motion.

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Mesa Arizona Emergency Order for Child Custody and / or Visitation