Legal Question in Family Law in Arizona

Re: child custody

I would have to ask you some clarifying questions.

Do you mean �change of custody� or modification of �parenting time/visitation�? I will try to answer assuming you do mean change of custody.

Do you mean, can the court take, hear evidence, and make a final determination on change of custody for a child all at the same hearing after an oral motion from the non-custodial parent? It would be very unusual for such a thing to happen, but for �good cause� a Judge could hear an oral motion for change of custody. I assume both parents were in court before the Judge. I would expect the decision that Judge made on the same day as the motion was made would be a �temporary order� and that a future hearing would be set to allow the custodial parent time to prepare, subpoena witnesses, and possibly hire an attorney to assist.

Arizona law does allow ex-parte (only one side) hearings on change of custody�but any change of custody would be temporary and a future hearing would be set to allow the custodial parent to be heard.

Or do you mean that an oral motion was made before the court on one day and the hearing on the oral motion was set at a later date? Again, it would be unusual for a Judge to act on an oral motion. The party who is answering or responding to the oral motion is entitled to know what �allegations� they need to respond to. If you are the answering or responding party, you could consider making a written request to the court, asking for written notice from the non-custodial parent�you want to know what allegations to be prepared to answer.

Good Luck,