Family Law

questions & answers

Question: Going to Navy son does not live with me. Navy says I need a temporary custody order saying mother has sole custody till i get out of boot camp. How do i go about this filing it myself?

Answer:

 A.R.S. 25-411(D) states: “On motion of a deploying or nondeploying, mobilizing or absent military parent, the court, after a hearing, shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization if:
1. A military parent who has legal decision-making or parenting time pursuant to an existing court order has received notice from military leadership that the military parent will deploy or mobilize in the near future.
2. The deployment or mobilization would have a material effect on the military parent's ability to exercise parental rights and responsibilities or parent-child contact.
E. On motion of a deploying parent, if reasonable advance notice is given and good cause is shown, the court shall allow that parent to present testimony and evidence by electronic means with respect to parenting time or parent-child contact matters instituted pursuant to this section if the deployment of that parent has a material effect on that parent's ability to appear in person at a regularly scheduled hearing. For the purposes of this subsection, "electronic means" includes communication by telephone or video teleconference.”
Temporary custody forms are available at your counties’ Superior Court.

Here are the instructions and forms for Maricopa County:

https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_drmce1.asp

https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_group_5.asp

https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_group_5.asp

Additionally, the following websites have information regarding military child custody issues:

http://www.militaryonesource.mil/legal?content_id=269192

http://www.militaryfamily.org/info-resources/marriagedivorce/custody-child-support.html

Please speak with an attorney for information specific to your case.  Call the Legal Learn line at (866) 637-5341, to see if you qualify for a free consultation as part of the Military Assistance Program, or go to azbar.org to view a list of all licensed attorneys in Arizona.