COVID-19 and Child Custody Matters Series, Part 5
Some families have parents that are newly separated and haven’t commenced a family custody case. Alternatively, parents may have commenced their case but do not yet have custody orders from the Court.
What if there are no parenting time orders in place yet either because the case is pending or because I haven’t filed a custody case yet?
The Arizona Supreme Court Guidelines, and Arizona law, provide that if there are no orders in place and unless otherwise ordered, legal parents are entitled to co-equal, but not exclusive, physical custody of the children. Arizona Revised Statutes section 13-1302(A)(2) forbids “either parent from hiding a child from the other.” State v. Wood, 198 Ariz. 295, 279 (App. 2000). If you can’t reach an agreement for how to manage parenting time until court orders are issued, you may consider initiating a case and/or seeking expedited or emergency orders from the court. If you would like to receive guidance about your options or representation in filing a custody case, you can contact family law attorney Ashley DeBoard at Flagstaff Law Group for a consultation.
*Disclaimer: The information contained in this article is for informational purposes only and is not legal advice. Legal advice should take into account the specific facts of your situation. You should seek professional legal counsel before acting upon any of the information contained in this article.