This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Arizona USLegal Guide to Temporary Custody
State:
Multi-State
Control #:
US-GDE-05
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Word;
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FAQ
A parent will usually not lose custody of a child unless it is found that having custody is not in the best interest of the child, such as in cases of physical or sexual abuse, neglect, domestic violence, refusal to co-parent, parent alienation, or a violation of a court order.
For Temporary Guardianship/Conservatorship for an Adult You want the court to appoint, on a temporary and/or emergency basis for a period of not more than 6 months, a guardian and/or conservator for an adult.
A temporary guardian is responsible to provide the care and custody of the ward. The authority of a permanent guardian previously appointed by the court is suspended as long as the temporary guardian has authority. A temporary guardian may be removed at any time.
The forms you need to complete are the following: Petition for Appointment of temporary guardian/conservator. If this is a petition for an adult, attach a copy of the latest doctor report to the petition. If you do not have this report, then you must make the doctor available to give testimony at the court hearing.
In Arizona, ?Consent Guardianship? allows parents to give legal authority over a child to a non-parent adult through their written consent, to become the legal guardian of a child. This method also allows immediate withdrawal of the consent and Guardianship authority.
Generally, you can secure sole custody in one of two ways ? through agreement with the other parent or through a court order. Our goal will be to achieve the custody arrangement that you want and the plan which meets the best interest of your child.
A dependency petition is filed and temporary orders from juvenile court place the child in the temporary custody of the Department; a court order authorizing temporary custody is obtained from the Initial Appearance court; or. exigent circumstances exist and temporary custody is clearly necessary to protect the child.
Filing a Petition for Emergency Custody of a Child In either event, you must file a petition containing all of the allegations you believe support the contention that parenting time between a child and a parent places the child in imminent danger of serious harm. That petition must be verified by you.
Understanding Emergency Child Custody Orders in Arizona An emergency child custody order is a court order granted to a parent upon filing a petition for emergency child custody based on circumstances that places the children in imminent danger of serious harm by the other parent.
There are two types of custody recognized by Arizona courts: legal custody and physical custody. Legal custody refers to the right of a parent or guardian to make major life decisions, such as schooling and religious upbringing. Physical custody refers to the decision of which parent or guardian the child lives with.
