By Jessica M. Cotter, Esq.
In Arizona, particularly in the Phoenix area, if the other parent will not allow you to see your children, you can file a motion for temporary orders for parenting time (visitation) and Legal Decision Making (custody). If done properly then the court should hold a hearing and enter temporary orders so you can have access to your children. To get the court to schedule the temporary orders hearing you need take the following steps:
1. File a motion for temporary orders, either through your attorney, or using the forms and instructions provided by the court’s self service center. The motion must be signed before a notary, explain why you need the temporary orders, and specify to the court what orders about parenting time you want entered.
2. After you file the motion you must take a copy of the filed motion and several copies of an order to appear and place it in the judge’s box. Then you wait until they call you to inform you that the order to appear is ready to be picked up.
3. After you pick up the order from the judges out box then you take a copy of the motion and the order to appear and arrange to have it served by a process server by the date the order states. I recommend you do it as soon as possible.
As you can see this is a complicated process. You can get the forms for this on the Maricopa County Superior court web site. I recommend that you contact us or another experienced family law attorney in your area, for a consultation to discuss your issues.
See our website at www.jessicacotterlaw.com for further information or to request an appointment.
The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th Avenue
Glendale, Arizona 85308
We have been serving the Phoenix area since 2007.
The primary focus of the firm is family law, which includes the following: Divorce, child custody, parenting time, child support, spousal maintenance, paternity, visitation, division of assets and debts, and enforcement of child support, custody and parenting time orders. We also assist people with adoptions, wills and trusts, probate, and powers of attorney.
Source: A.R.S. 25-404 and 25-411