questions & answers

Question: I am trying to find information for a friend who is unable to afford a divorce/legal separation. His spouse has essentially kidnapped their son and left the state without any contact. The cost of filing for legal separation/divorce is not prohibitive, but the forms require legal assistance to fill out properly which is costly. Is there a way to petition for temporary custody order/rights without filing for legal separation to bring their son back to his home state?

Answer: According to our website: AZLAWHELP.org, you can file for temporary emergency custody. You would need to go to the court in your county (Maricopa and Pima County) have self help service centers where you can get the forms to file. They may be able to defer the court costs. Sometimes the county will have an attorney or librarian that can assist in helping with the forms. You can go to https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/ for more information on the forms and how to file. if you are outside Maricopa or Pima Counties, you can also go to http://www.azcourts.gov/familylaw/Home.aspx for information and forms. You may also want to contact an attorney for advice.