Emergency Child Custody When Arizona Lacks Jurisdiction
There are some important exceptions built into the Uniform Child Custody Jurisdiction and Enforcement Act in emergency situations.
If a custody case involves an emergency situation that places a child in imminent danger of harm, such a child being abandoned or abused, a court in Arizona that otherwise lacks jurisdiction to enter a child custody order may still enter an emergency temporary child custody order to protect a child.
However, in order to protect against more than one state court exercising child custody jurisdiction, the emergency orders are always temporary.
The UCCJEA makes it clear that emergency temporary orders are only allowed to be issued by a state court judge who otherwise lacks jurisdiction over the child custody issues on a temporary basis until such time the parents can address those issues in the state that actually has jurisdiction over the child custody issues.
For example, if the parents and child live in California but are on vacation in Arizona and an emergency arises, the Arizona court may issue an emergency temporary child custody order for only as much time as it would reasonably take for the parents to return to California to address the child custody issues since California is the only court that would have jurisdiction over child custody issues.
When a parent returns to their home state, either parent may then file a child custody action to modify the child custody order issued in the state that lacked jurisdiction over the child custody issues but issued the emergency child custody order.
Also, the court that issued the emergency child custody order must notify the court that has jurisdiction over the child custody issues of the issuance of the emergency temporary child custody order.
Call the experienced Scottsdale and Phoenix Arizona family law attorneys at (480)305-8300 at Hildebrand Law, PC to learn more about an emergency child custody order when Arizona lacks jurisdiction over child custody decisions.
More Articles About Child Custody in Arizona
- Access to a Child’s Medical Records in Arizona
- Adoption Attorneys in Arizona
- Required Affidavit in a Child Custody Case in Arizona
- Are Mothers Favored Custody Battles in Arizona
- Arizona Child Custody Attorneys
- Arizona Child Custody Statutes
- Arizona Uniform Child Custody Jurisdiction and Enforcement Act Statutes
- Changing a Child’s Last Name in Arizona
- Changing Child Custody in Arizona
- Child Custody and Child Support in Arizona
- Child Custody In Arizona
- Child Custody Laws in Arizona
- Child Custody Rights in Arizona
- Co-Parenting After Divorce in Arizona
- Custody of a Child to Grandparent in Arizona
- Delegation of Custody Decisions in Arizona
- Divorce and Grandparents Visitation in Arizona
- Effective Co-Parenting in Arizona
- Emergency Child Custody in Arizona
- Emergency Child Custody Orders in Arizona
- Enforce Parenting Time or Custody in Arizona
- Enforce Visitation Non-Custodial Parent in Arizona
- Grandparent’s Rights in Arizona
- How is Child Custody Determined in Arizona
- How to Change a Child’s Last Name in Arizona
- How to Enforce Parenting Time in Arizona
- How to Get Sole Custody in Arizona
- How to Modify Child Custody in Arizona
- How to Modify Visitation in Arizona
- Joint Custody and School Decisions in Arizona
- Joint Custody vs Sole Custody Arizona
- Joint Legal Custody or Joint Decision Making in Arizona
- Modifying Visitation With a Child in Arizona
- Moving Children Many Times in Arizona
- Order of Protection and Child Custody in Arizona
- Parent Information Program Class in Arizona
- Parent Move Out of State With A Child From Arizona
- Parental Alienation in Arizona
- Prepare for Child Custody Evaluation in Arizona
- Presumption of Equal Parenting Time in Arizona
- Restrictions in Arizona on Taking Children to Another Country
- Sole Legal Custody or Sole Decision Making in Arizona
- Sole or Joint Custody in Arizona
- Temporary Child Custody in Arizona
- Uniform Child Custody Jurisdiction and Enforcement Act in Arizona
- What Are the Child Custody Factors in Arizona
- What Determines Child Custody in Arizona
- What is a Child Custody Evaluation in Arizona
- What is a Parenting Coordinator in an Arizona Child Custody Case
- What Is Domestic Violence in Arizona
- What Types of Child Custody Are There in Arizona
- What Visitation or Parenting Time Schedules do Judges Order in Arizona
- Who Has Custody of Children When a Divorce is Filed in Arizona
- Who Is the Best Child Custody Lawyer in Arizona
- Withholding Child From Custodial Parent in Arizona
Chris Hildebrand wrote the information on this page about an emergency child custody order when Arizona lacks jurisdiction over child custody decisions to ensure everyone has access to information about child custody laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a child custody case should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.