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Applying for Temporary Orders In My Arizona Family Law Case

In Arizona, parties to many family law actions can file for temporary orders with the court. Because court calendar’s are often over loaded, it can take several months for a final trial to take place. Therefore, temporary orders requests will allow the parties to an action some stability in the interim by having the court set temporary orders which will have the same force and affect as a final order of the court until later modified, if at all.

A.R.S. ยงยง 25-404 and 25-411 governs temporary orders requests in Arizona. In particular, 25-404 states:

A party to a custody proceeding may move for a temporary custody order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary custody under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings.

B. If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary custody order is vacated unless a parent or the child’s custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a custody decree be issued.

C. If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary custody order thereby is vacated.

The above statute sets out the very basics for when temporary orders may be requested. However, 25-411 sets forth in detail how a requesting party should request temporary orders with the court and what items must be included in such request.

Temporary orders can be a tricky and often times stressful subject for pro per (unrepresented) parties to grasp. Therefore, it is recommended that before filing for temporary orders with the court, you first meet with an experienced Arizona discount Family Law Attorney at Ariano & Reppucci, PLLC.

For more information on this or any other Arizona family law matter, please contact, the author at 602-515-0841 or visit other author blog posts at www.familyattorneys-arizona.com.

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