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Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty, Lawyer
Category: Legal
Satisfied Customers: 1033
Experience:  26 years litigating important insurance and injury cases; well-known legal author
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What and how fast can someone legally get emergency ...

Customer Question

What and how fast can someone legally get emergency child custody. My friend has just gone to Indiana to bring back her 2 1/2yr old nephew to Arizona. The mother walked out, father 63 with cancer going through Chemo and can not care for child. Mother is illegal alien so untraceable. What needs to be done to help the aunt be covered to continue to protect this child so the mother can not come and take the child and disappear. She has no way to support the child, no job, no money due to being illegal. My friend is bringing the child back Tuesday evening 8-5. They are drawing up a document and having it notorized where the father is granting temporary custody and medical power of attorney to his sister. I know that is not enough to protect the little one if the mother shows up.
Submitted: 9 years ago.
Category: Legal
Expert:  Lawrence N. Rogak, Insurance Atty replied 9 years ago.

What your friend needs to do is to immediately get in touch with a Family Law attorney in the county where she lives, and commence an action in the Family Court (or whatever the equivalent court is in her county) via "Order To Show Cause" (which is an emergency application) seeking a grant of temporary custody.

The lawyer will draw up the appropriate petition, along with an affidavit signed by your friend which will explain the circumstances of how the child came to be in her possession. An affidavit signed by the father, sent back and forth via Federal Express, will also be needed.

It can be done, it just takes a good lawyer and some money.

Lawrence N. Rogak, Insurance Atty and 3 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Her brother supposedly has an appointment with a lawyer in Indiana on Monday morning. Is it possible to get something through the court by Tuesday afternoon. Do you know of a "Good" family attorney here in Arizona that I can contact and find out what this is going to cost and how long it will take to make happen.

Your answer is intersting since the attorney here said quite the opposite. She said since Liam is an Indiana resident everything has to come out of Indiana. Arizona will honor (domesticate) that order and uphold it but it must come from there. Also, is a personal document, notorized, good enough in the short term in case the father dies?
Expert:  Lawrence N. Rogak, Insurance Atty replied 9 years ago.

If the father dies, a notarized affidavit is the best thing you can have short of a notarized videotaped statement. Plus -- and I should have mentioned this before -- the child's father should immediately make out a will and appoint your friend as guardian of the child in the event of his death (if he hasn't done so already). The father's choice of guardian may not be automatically honored but it will have a strong influence on the court.

As far as whether an Arizona court will accept the petition, that I can't say. My understanding is that wherever the child happens to be, the court there can issue an order as long as nobody is challenging it in another state (for example, if the mother was petitioning a court in Indiana for custody as well).

Customer: replied 9 years ago.
Thank you for your advice. I just talked to another attorney who also said everything, at this time, has to come out of Indiana. I guess we will just have to wait and see what happens on Monday. I will re-iterate to her the crucial necessity for the will with her being designated as guardian upon his death.
Expert:  Lawrence N. Rogak, Insurance Atty replied 9 years ago.
My best wishes to you and your friend.