When Can You File For Emergency Custody in Arizona?

In the event that you encounter a situation that poses a threat to the safety of your child, the law in Arizona permits you to file for emergency custody. However, you can only do so if you follow specific guidelines. An emergency custody order grants temporary legal and physical custody of a child to one parent or guardian. In some cases, the state might also be granted custody per Title 25-1034. An Arizona child custody attorney can assist you when filing an emergency custody order.

What is Granted with an Emergency Custody Order?

When an emergency custody order is granted, it gives the parent/guardian complete decision-making power for a specific period. This period usually lasts until the case can be heard in court. An emergency custody order is usually only granted by the court in Arizona when a child faces irreparable and immediate harm.

How to Qualify for an Emergency Custody Order

It is challenging to have an emergency custody order issued by the courts in Arizona. The burden of proof lies solely on the applicant, which means they must provide sufficient evidence that shows the court why their child is in immediate danger. 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.”

On top of immediate and irreparable danger, you must also be filing an additional petition that has an impact on child custody. This can include a request to impact legal-decision making, parenting time, or filing for divorce.

Length of Emergency Custody Order

The length of an emergency custody order lasts until the court can schedule a hearing to discuss the matter further. So, if the court calendar is booked for months, the order will be in effect for months. If the hearing can be scheduled within three weeks, the order lasts for three weeks.

Filing for an Emergency Custody Order in Arizona

If you’ve determined that your child is in immediate and irreparable danger, you can take the following steps to file for an emergency custody order in Arizona:

1. Complete all of the required paperwork
2. Sign the paperwork in front of a notary public at your local courthouse
3. Make three copies of the paperwork
4. File the paperwork with the local county court clerk
5. The clerk will file the paperwork and inform you of the judge who will hear the case

The court will do its best to schedule a hearing regarding the emergency custody order as quickly as possible. It will also hold the hearing without the other parent/guardian present. If the judge believes there is sufficient evidence, it will grant the emergency custody order.

Schedule a Consultation with a Child Custody Attorney Today

Do you believe that your child is in immediate and irreparable danger? An Arizona child custody attorney from the Law Office of Karen A. Schoenau can assist you in filing an emergency custody order. Call our office at (480) 725-5987 to schedule a consultation today.