Scottsdale Attorney for Emergency Visitation and Custody
Experienced Arizona Family Lawyer Handles Emergency Custody Matters in Phoenix and Scottsdale, AZ
Everyone hopes that the aftermath of divorce or separation will be relatively smooth when children are involved. Unfortunately, this is not always the case. For a variety of reasons, children may be in danger because of their living situations. Courts in Arizona allow the other parent or relative to obtain emergency visitation for a child determined to be in danger. Such orders are valid right away and do not require the other parent to be notified
At our Scottsdale law firm, knowledgeable divorce and family law attorney Karen A. Schoenau helps clients obtain emergency custody or visitation orders. With more than 30 years of experience handling a wide range of family law matters throughout Arizona, especially post-decree modifications, Attorney Schoenau knows the relevant laws and the process for obtaining emergency custody or visitation. It is important to have this level of experience on your side when seeking protection for your child.
The Process for Emergency Custody Orders in Arizona
To obtain an emergency order in Arizona, a parent must file a petition for emergency visitation or custody. The petition should include proof of why you believe the child is in danger. You must also file at the same time (if you have not already filed) a request to modify the custody and visitation order. Typical reasons for emergency filings are physical abuse, excessive alcohol consumption, leaving a very small child alone, or use of illegal substances. You must show that notification of the other parent could result in harm to the child. Merely stating that the child’s situation is dangerous will seldom result in an award of emergency custody or visitation.
Proof of the immediate danger can include phone calls, messages, texts, school reports, and other independent statements that document the dangerous circumstances. Once you have filed the petition and accompanying evidence, you must wait for a judge to review it. Once the judge grants your request, the court will schedule a hearing on your request for a modification, at which time the other parent can mount a defense. Your emergency order is only good until the hearing, at which point the judge may enter permanent orders if the court agrees with your request for a permanent change to custody or visitation.
Proceed with Caution: Talk to an Arizona Family Lawyer Before Seeking an Emergency Custody Order
Parents must proceed with caution in these matters. The emergency must be documented and imminent. The court will not grant temporary custody just because you do not like your former spouse’s romantic partner or your ex was late delivering the child for scheduled visitation. In fact, if the court finds that your request was not based on a real emergency, you could be found in contempt of court and be required to pay fines. It may also harm your credibility in future legal proceedings related to your child. These are reasons why you should consult an experienced Arizona family lawyer who can help you draft a successful petition for emergency custody or visitation.
Call the Law Office of Karen A. Schoenau for Help with Emergency Custody or Visitation in Scottsdale, AZ
If your child is in danger, it is important to make your emergency petition as strong as possible. Call Scottsdale family lawyer Karen Schoenau at the Law Office of Karen A. Schoenau at 480-209-1918 or toll free at 888-304-0928. You may also contact us online.