Arizona Emergency Motion to Remand Cause
Description
How to fill out Emergency Motion To Remand Cause?
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FAQ
The Maricopa County website explains the qualifications for an emergency custody 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.?
ARS §14-5104 provides: ?A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to consent to marriage ...
For Temporary Guardianship/Conservatorship for an Adult You want the court to appoint, on a temporary and/or emergency basis for a period of not more than 6 months, a guardian and/or conservator for an adult. NOTE: You may NOT use these forms for appointment for a minor.
A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment. The court may do so on motion or on its own, with notice.
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 final child custody trial.
Typically, the allegations are based upon facts that demonstrate a parent has or is likely to abuse a child. Some of the things that constitute ?domestic violence? under Arizona law may provide a basis for a court to issue an emergency child custody order in Arizona.
Grandparents, brothers and sisters, and even aunts and uncles can have authority in the court to file on behalf of the children. This is especially true if the other parent is deceased, but that does not need to be a requirement.
Rule 48 of the Arizona Rules of Family Law Procedure governs when a Court may issue an ex parte emergency order.
