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I have a custody agreement per mediation in AZ for my

daughter who is 7....
I have a custody agreement per mediation in AZ for my daughter who is 7. The father dropped her off for spring break and moved out of Flagstaff where they resided prior to spring break. Now the father asked me to return her back even though he doesn’t have a physical address in Flagstaff and now facing homelessness. What should I do to keep my daughter safe without violating court order per mediation which specifies I have my daughter for spring break and the father is the school year parent.
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Answered in 1 hour by:
3/24/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 452
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

First, you are very wise to check on this because you need to do something, but you need to have a plan and not violate an agreement.

In this case the Court's afford a process known as an Emergency Petition that can be submitted addressing a particular and specific need that is designed to keep a child safe and to avoid a party being in violation of an order.

I would submit to you that leaving a residence and becoming homeless with no safe location or even an address for a child would qualify as an emergency. There are forms that can be used that are provided by the state. Mariicopa County provides a very good form bank online for these. I have attached a link here to the page that addresses these emergency orders. The beauty of this is that you can make the application to the Court without first notifying the other party meaning the necessary relief can be in place to address the emergency when the other party receives the order.

It is always a good idea to use an attorney, but you can do this on your own by using these forms.

Ultimately the goal is to protect your daughter and know there are ways in place to do that.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 452
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
Hi Sean thank you for your quick response. I have prepared for emergency custody paperwork in anticipation of the events that’s currently unfolding. The turnaround time from what was told is ten days. That might not be soon enough to address the current issue. My question is should I file for something that’s required court immediately attention in person?
Phone call session started

Please keep me posted.

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Customer reply replied 6 days ago
Have a court date 5/3. Need to know what exhibits are helpful. Can I list them in here so you can tell me yes or no on each one?

Certainly - probably the best approach is to post them all in a new request and make sure to request me and I can get to them today.

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Customer reply replied 6 days ago
Ok thanks

Certainly.

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Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 452
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Experience: Family Law Attorney in Private Law Firm

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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