This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Motion Amend For Emergency Ex Parte Order In Maricopa
Category:
State:
Multi-State
County:
Maricopa
Control #:
US-00003BG-I
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
If you are able to demonstrate some sort of imminent harm/danger/threat, then the court will grant the emergency custody order. If the order is granted, then the court will have a more formal hearing, usually ten days later, and the other custodian will then get notice to show up so they can tell their side.
To be granted emergency custody of your child, you'll need to have just cause for a court to intervene and change a permanent custody order, giving physical custody to the non-custodial child's parent. Common reasons that courts grant emergency custody include: Child abuse. Child neglect.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers.
Basis for Requesting Emergency Child Custody Orders in Arizona Negligent Homicide. Manslaughter. Second Degree Murder. First Degree Murder. Endangerment. Threatening or Intimidating. Assault. Aggravated Assault.
Rule 48 - Emergency Temporary Orders (a)Filing and Timing. A party may request temporary orders without notice by filing a verified motion, along with a proposed form of orders and a notice of hearing on the motion. A motion may be filed at the same time or after filing an initial pre-decree or post-decree petition.
Washington prioritizes the needs of the child, and there are many scenarios in which evenly shared custody works best for the child. Washington does not have a specific law that gives a 50/50 custody presumption. However, the state does promote joint custody in many cases.
If you're doing it on your own, however, you may contact your court clerk for information on how to do this. The motion has to state what your ex-spouse isn't doing, what areas he or she is in violation of. It must clarify why he or she ought to be held in contempt of the divorce decree. You must prove your case.
For example, a legal decision-making order cannot be modified for one year after the court last entered the order unless there is a threat of harm to the child. Changes in the parental access schedule with the children, however, can be changed at any time.