Legal Question in Family Law in Arizona
Dad wants kids
My son and his ex girlfriend had 2 children together who are now 5 and 7. She married and has had 2 children since then and neither her or her husband work. They get enough money together to move into an apt and then get evicted. this has gone one continuously. They are current living with her inlaws who are drug addicts and my son feels his children aren't receiving the care they should and he wants custody. there are some issues involved on his side. but even her family feel the children would be better off with my son. where can he begin and is it possible he could get an emergency hearing for custody to get the children out of the enviorment they're in?
2 Answers from Attorneys
Re: Dad wants kids
First thing if the Children are in danger he can call cps or the police. However, based on the limited facts, that doesn't seem to be the case here. Unless no court order is in place, your son needs to file a motion with the court to get custody. If there is already a court order your son can modify the orginal order. If it is an emergency he should file for temp orders or an OSC right away.. Good luck
Re: Dad wants kids
Thank you for your inquiry.
The court reserves "emergency" orders for life-and-death situations; however, the court also has the ability to "expedite" a hearing so orders can be made. You didn't indicate whether there are presently orders in place. This would determine whether he is seeking initial orders or a modification of existing orders.
Please contact my office to schedule a free initial consultation to discuss the details and the next step.
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