Phoenix, AZ asked in Family Law and Child Custody for Arizona

Q: Can I file for emergency custody orders if other parent is medically incapacitated in Mexico?

Currently have temporary custody orders in place 50/50 legal/physical in Arizona. Mother is in Mexico in ICU not able to care for child and not been present for her parenting time for obvious reasons.

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: The standard for filing for an emergency is whether the child is likely to face irreparable harm if the orders are not changed. If she's medically incapacitated and the child is in her care, then that could be grounds for an emergency. If the child is in your care, your grounds for emergency become less likely, but it could be grounds for a modification depending on what her medical condition may be and whether she'll be able to care for the child long-term.

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