A.R.S. § 25-404: Temporary Custody Orders
Temporary orders
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Can you get a temporary custody order in Arizona before a divorce is final?
In Arizona, a party in a legal decision-making or parenting time case may ask the court for a temporary order, which the court may grant after a hearing or, if no one objects, based only on the pleadings. If the underlying divorce or legal separation case is dismissed, the temporary order is vacated unless a parent or the child's custodian asks the case to continue and the court finds, after a hearing, that the parents' circumstances and the child's best interest require it.
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Full statute text
Official text last checked against azleg.gov:
25-404. Temporary orders
A. A party to a legal decision-making and parenting time proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time 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 legal decision-making or parenting time order is vacated unless a parent or the child's custodian moves that the proceeding continue as a legal decision-making or parenting time proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a legal decision-making or parenting time plan decree be issued.
C. If a legal decision-making or parenting time proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or parenting time order thereby is vacated.
D. If any party to a proceeding for temporary legal decision-making or parenting time alleges domestic violence as defined in section 25-403.03, the court shall make written findings that are consistent with section 25-403.03, subsection B. These findings may be confined to evidence that is admitted at a temporary orders hearing.
Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.