Arizona Child Custody Enforcement
Situations may arise where a parent refuses to comply with a court order for custody. This may occur after a default or the initial custody order is entered or after a party has been awarded sole custody. For instance, after a divorce both parents may have been awarded joint custody but circumstances such as incarceration or child abuse has forced one parent to seek and be awarded sole custody. The other parent then refuses to turn the child over. In these cases, you may petition the court to compel the party to comply with the court’s order.
Phoenix Child Custody Enforcement Attorney
As Phoenix and Scottsdale, Arizona child custody enforcement lawyers we have the experience to react quickly to protect and enforce your rights. Often these cases progress rapidly and it is important to have a lawyer on your side that can work effectively with law enforcement and the courts to resolve your case. That’s what we do. Call (480) 607-8308 to schedule a free consultation to discuss how to effectively resolve your child custody enforcement case.
How do I enforce a Child Custody Order in Arizona?
To enforce a child custody order in Arizona you must first obtain certified copies of all the order you will be requesting the court to enforce. You can usually obtain certified copies by contacting the clerk of the court from the county that issued the orders. You can then file a Petition for Enforcement of a Child Custody Determination in an Arizona Superior Court. The petition must state, among other things, the following:
- The jurisdictional basis identified by the court that issued the initial custody order.
- Whether the order has been vacated, stayed, or modified and if so identify the court.
- Whether another proceeding has commenced that is related such as a protective order, domestic violence, parental termination or adoption.
Once you have filed the Petition for Enforcement of a Child Custody Determination the court will issue an order for the other parent to appear for a hearing. The court may order that parent to bring the child to the hearing.
Warrants to Take Physical Custody of Child
If you believe that your child may be in imminent danger, when seeking enforcement of a child custody determination in Arizona you may request that the court issue an order for law enforcement to take the child from the other parent. The court may issue the order if you are able to show that the child is likely to suffer serious physical harm or be removed from the state. A warrant to take physical custody of a child is enforceable throughout the state. It may authorize law enforcement to enter a residence at any hour to take physical custody of the child.
Can I enforce an Out of State Custody Order in Arizona?
Yes, under Arizona law the court must enforce a determination regarding child custody from another state. In doing so, an Arizona court is authorized to use any remedy available under Arizona law to enforce the out of state custody determination even though they did not issue the original order. So, any remedy that is described above could be used if you are seeking to enforce and out of state custody order in Arizona.
Daly Law Firm, PLLC - Scottsdale Child Custody Enforcement Lawyer
At the Daly Law Firm, we understand that enforcement issues can be highly complex, emotional and stressful. If you are seeking an Arizona Family Law Attorney for a child custody enforcement matter in Phoenix, Scottsdale, Tempe, Fountain Hills, Cave Creek, Carefree or the area of Maricopa County, call us at (480) 607-8308 for a free consultation or submit your case online.