Emergency Motion To Return Child For Visitation In Arizona
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FAQ
The process of suspending visitation is not something that can be done unilaterally by a parent. It requires following a formal legal process, including consultation with an attorney, filing a motion with the court, attending a court hearing, and obtaining a decision from the judge.
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.
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.
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm. However, understanding what constitutes emergency custody can be complicated.
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.
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.
DCS may request removal based upon: Abandonment. Neglect. Parents' inability to control the child. Suspected: Mental abuse. Physical abuse. Sexual abuse.
