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Temporary custody of children in AZ
Anonymous7 views4 answers
I currently live in ID and my kids in AZ. My ex has been called by CPS 5x in the past 4 years. THe school which the girls go to have called the state has my kids come to school with bruises, more meds for their ADHD then they should take and my youngest was put in at Phoenix Children's Hospital for trying to commit suicide and threaten's others at school. She's 9. I want to get my kids out of her hands. they are not safe and have poor coping skills. Having them move up here where the environment is better would be best. Looking for all the documents and how to's to request this. The school will testify against her.
You will need to do a modification of the original decree. The fact that you waited four years when CPS was involved seems to take away the urgency to get an emergency order. Do the children visit you for the summer? This could become an involved case. If you are able, you should get a lawyer in Arizona to represent you. Call some and give the whole situation.
The burden to justify an emergency order is immense, particularly because it would involve a relocation. The petitioner has to prove that severe, irreparable injury will occur if the emergency orders aren't granted. Your facts probably don't meet this burden.
As my colleague stated, you can petition to modify the existing order, but it's a daunting task to ask the court to relocate the children out of state. You'll need very compelling evidence. CPS' investigations apparently have yielded very little evidence of fitness concerns or the custodial arrangement already would've been changed.
Arrange a free consultation with an Arizona family lawyer. This isn't the type of litigation conducive to self-representation.
As others have stated, this case will be involved and most likely very litigious. Additionally, there is a burden of proof with respect to modifying a previous parenting plan/ legal decision-making court order. The documents necessary to accomplish this are all available on the Maricopa County Superior Court website. However, unless you are intending to come to Arizona to litigate the case for its full duration, you are better served by hiring an Arizona attorney to do so. Again, given the facts provided, I would highly recommend an attorney.
