questions & answers

Question: I filed for emergency custody of my daughter. It was granted. We returned to court within the 10 days and the judge kept it in place for the time being and scheduled a meditation a few months out. I no longer feel the emergency custody is necessary. Can I cancel it without having to go through the meditation process?

Answer: Generally, court orders are binding. To modify an existing custody order, the court will consider all facts relevant to the child's emotional or physical well-being. These include the child's adjustment to the community, the wishes of the child, the mental and physical health of both parents etc (A.R.S 25-403). To file an emergency custody order, you must send the following files in to the Superior Court. For information concerning your specific situation please contact an attorney. Click the following link: http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151.