Legal Question in Family Law in Arizona
Emergency custody
Hi, I'm having a hard time with getting the correct information on forms that need to be filled out for emergency custody. My husband has a 9 year old daughter whose mother is in jail and is looking at CPS custody if we aren't able to take custody. CPS would prefer custody to go to us and has done a background check, but now we're stalled because we aren't sure what forms to file. There was a confernce call with the mother, my husband and CPS so does that mean we'd get forms With Notification? We've been told we need both and are extremely confused. What are the right forms to file for custody? Paternity has already been established. Thank you.
1 Answer from Attorneys
Re: Emergency custody
If Mother agrees, and CPS agrees, then quickly try and get a statement from CPS reflecting that. File the request for emergency orders with notice. NOT without...without is only used if you fear that if you tell the other party, something bad will happen. Since she is in jail, she cannot do anything.