San Tan Valley, AZ asked in Family Law, Child Custody and Child Support for Arizona

Q: Im in atizona, My child's fauther has had a sexual assault at his home.

Cps has let me know and I have a protection plan in place for no contact for 2 weeks. We were never married and have been separated over a year. So I have full custody of them and we just co parent together there is no custody agreement threw the courts for our kids. My question is, now that I'm aware of this issue do I need to file for emergency custody? Even though I already have it? The cps guy said it would just prevent him from fighting me on seeing them during this time but im not sure the best move from here. And if I do file a emergency custody does that also make us start a custody battle with child support and everything or can I just file the emergency custody and not get Into all that?

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

A: I know I'm a couple weeks late here, but filing an emergency when you already have custody is unnecessary. I certainly see what CPS is saying. If CPS is merely suggesting it, you may be fine to not file anything. If CPS is requiring it, you need to speak with a juvenile law attorney ASAP about what you should do. And, yes, filing an emergency opens up a custody case, and you could probably expect to be in for a fight.

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