Child Custody

questions & answers

Question: How do i go about getting emergency custody of my child?

Answer:

The forms to a file for temporary emergency modification of custody without advanced notification to the other party can be found on the Superior Court Website.  To locate the closest Superior Court use the Courts Locator.

The Maricopa County Superior Court Website says to use the forms only if the following factors apply to your situation:

·         You have already filed, or at the same time you file these papers you will be filing, a "regular" request for modification of custody and/or parenting time, AND,

·         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, AND,

·         You can give very specific facts about:

o    what the emergency is,

o    why the judge should hear your case before everyone else who has been waiting to see a judge,

o    why the situation is so serious that the Court should take someone's child(ren) away without providing:

§  advance notice explaining why, or

§  opportunity for the person to defend his or her rights to the child(ren).

 

For more information refer directly to the Superior Court.