Leaving your six year old son, and three year old daughter at 3:00 a.m. Here in Arizona, CPS doesn’t designate when a child can be left home alone:īut common sense needs to be used, especially with very young children. Here’s a general guide to the “home alone” scenario. One case illustrates a true emergency a parent leaving their toddler-aged child with a young child, alone in the middle of the night, to go out drinking. A family lawyer in Phoenix can help advise you on when it is appropriate to file an emergency order. In most cases, it should be obvious what constitutes an emergency. In other words, if you’re making false allegations to file emergency orders, it’s not going to go over well, so make sure you’re in the right on this. “ If it turns out that what you said is not true or filed without good legal reason, the judge may find you in contempt of court, order payment to the court or to the other party for costs or damages resulting from the wrongful filing of this Motion, or impose other sanctions.” The Maricopa Superior Court website also states: Remember, you are bumped to the head of the line of people waiting to see a judge, so you need to be able to explain why this is a priority: your children are in physical danger if your emergency order isn’t granted. You need to be able to give specific, verifiable facts about what constitutes an emergency. You can’t just file emergency orders without a good cause. This doesn’t mean if the other parent shows up late for custodial hand-over events it’s an emergency, although it is inconsiderate and might be violating court orders, there’s another legal method to modify that behavior. (Change) Custody and/or Parenting time along with a motion for Temporary Modification of Custody or Parenting Time Without Advance Notice to the Other Party (formerly known as an emergency modification)to get the minor child(ren) out of the dangerous environment as soon as possible. Emergency orders are for exactly that, an emergency. Notice the word “immediate” is mentioned here. You can file for a temporary (emergency) modification of custody and/or parenting time without advance notice to the other party if:ġ) You’ve already filed, or will file concurrently (at the same time) a regular request for changes to your Legal Decision Making (custody) orders and parenting timeĢ) Someone’s about to cause “serious, immediate bodily harm” to the children or their safety is in immediate jeopardy. Throughout your case, take advantage of our technology to stay on top of all the moving parts. With parenting time calendars, a parenting plan template, a digital journal and more, Custody X Change makes sure youre prepared for whatever arises in your journey to child custody.
Practice Areas Arizona Emergency Child Custody OrderĪccording to the Maricopa Superior Court website: The Custody X Change app enables you to do all of this in one place.
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