Temporary Child Custody in Arizona
A judge may award temporary child custody in Arizona pursuant to the Arizona Rules of Family Procedure. The process of obtaining temporary child custody in Arizona is to file a petition to establish custody of a child or a petition to modify a prior child custody order.
In Arizona, it could, in some cases, take as much as a year to have a trial on that Petition. To remedy that problem, the Arizona Supreme Court included a rule in the Arizona Rules of Family Law Procedure that allows a court to schedule a hearing at the beginning of the case to determine if a temporary order should be issued prior to the court making a final child custody determination.
In most cases, the temporary orders hearing will take place within sixty days after the Motion for Temporary Orders is filed. Although a final trial will typically take an entire day of trial, a temporary orders hearing may only last thirty minutes to one hour.
However, there is case law that requires the court to honor your due process rights by providing you sufficient time to present all evidence that may affect the judge’s decision on your child custody case which would require the judge to give you more time, if necessary, for your temporary child custody hearing in Arizona.
If you are in need of temporary child custody orders in Arizona, call (480)305-8300 to speak to one of our experienced Arizona child custody attorneys.
Chris Hildebrand wrote this article about temporary child custody in Arizona 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.