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Emergency Child Custody When Arizona Lacks Jurisdiction

Posted on : November 27, 2018, By:  Chris Hildebrand

Emergency Child Custody When Arizona Lacks Jurisdiction

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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.


Learn About Emergency Custody Orders When Arizona Lacks Jurisdiction Over Child Custody Decisions from Our Arizona Licensed Attorney Chris Hildebrand of Hildebrand Law, PC.

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.Emergency Custody When Arizona Lacks Jurisdiction.

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.

If you have questions about emergency child custody when Arizona lacks jurisdiction, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.

Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.

Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child custody or family law case around today.

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Chris Hildebrand

Chris Hildebrand

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.