It can often be difficult dealing with the other parent of your child and it can be even more difficult when you are faced with having to go to court because your child is telling you they are being hurt by the other parent or mommy/daddy is doing drugs. You will often feel like no one is listening to you and you fear that returning your child to the other parent will result in the child being hurt, ending up in the hospital or worse. When do you file for emergency custody of your child? There is no right answer other than to say “NOW!” Now is the time to make a move. All too often parents believe they shouldn’t do anything because “I’ve called DCS and they won’t do anything, so a judge won’t either.” This is incorrect. The standard for the Department of Child Safety (DCS) to do something and how a judge will view things can be very different. I recently had an old client call me and ask what they should do when his son told him he was having to fight his mommy to protect his sister because his mommy was hurting his sister. My response was “let’s go to Court and get your son and daughter out of that situation now.”
The standard a judge has to consider for granting emergency orders is whether there will be some kind of harm that will result to the child if the court does nothing. Rule 48 of the Arizona Rules of Family Law Procedure says that the Court can award temporary orders without notice or on an emergency basis if the parent shows “…specific facts that if an order is not issued…the child will be irreparably injured, or irreparable injury, loss or damage will result…” So, when you seek emergency custody of your child be specific as possible in your request and tell the judge what will happen or what has happened that will result in an injury to the child if the Court does nothing.
If you need help and do not know where to start, call our office and schedule a free initial consultation.
Rule 48. Temporary Orders Without Notice*
Kim Hewes, Dodge & Vega PLC
Dodge & Vega PLC founded by Ben Dodge, attorney at law. Ben owns and manages a law firm of Affordable Arizona Family Law, Personal Injury, and Bankruptcy Lawyers. He is a nationally certified trial attorney, entrepreneur, endurance Athlete, and extreme Ultra Cyclist.
A consultation with experienced Arizona Divorce Attorney Ben Dodge is free
Understanding your rights and what you are entitled too, Ben Dodge is known as a serious litigator. There are two types of attorneys, those that sit behind a desk and push paper and those who actually hit the court room in the real world and get things done. Ben is a litigator who thrives in the court room. He once said: “It is one thing to tell your clients you are a good lawyer, it is an entirely different thing to be willing to prove it to them while they watch you do your work in front of them, in front of a jury watching your every move, in front of a judge, and your peers who are lawyers on the other side if your case. I love the opportunity to go to court and put my money where my mouth is.
In my experience most lawyers are either afraid of the court room or not good at it and belong behind a desk or both.” -Ben Dodge Ben is one a very few lawyers trained in advance litigation skills through the National Institute of Trial Attorneys (NITA) and has earned the designation as a NITA Advocate.
The negotiation tactics and strategies of winning a case are extremely important, but should always take a back row seat to the litigation experience and knowledge of court room rules, local, state, and federal rules of civil procedure that can have significant impact on your case. It is wise to be represented by someone well versed in the law, civil procedures, local and state ordinances, rules, regulations, policies, and even the court room politics that always play out.
Ben Dodge always offers a complimentary in person consultation to all clients. For those who live out of state or are otherwise busy with work, etc. Ben will do a complimentary phone consultation as well. Typically the consultations are scheduled from 30-60 minutes depending on the severity of the case. You can expect to get answers to questions, clarity, information, and reassurance of your personal, family, or business issues. In your free consultation you can generally expect to discuss such topics as:
- What your legal issue is really about.
- Whether or not you have any chance of winning and how to make that possible.
- Our unique and incredible fee structure making Dodge & Vega lawyers affordable for almost any budget.
- Your specific case details, any pictures, police reports, or any other evidence you provide for his review.
- The applicable local, state, and federal laws underlying your case.
- Your rights, obligations, and any potential liability.
- The process, procedure (in and out of court), and the time frame required to conclude your case.
You can call Arizona Lawyer Ben Dodge of Dodge & Vega, PLC at 1.480.656.8333. Mr. Dodge’s staff is standing and ready to accept your call 24 hours a day, 7 days a week, every single day of the year. Someone from our office will personally return your call within 24 hours to schedule an appointment with Mr. Dodge or one o his associate attorneys. There is never an obligation past a complimentary consultation with Mr. Dodge. His passion is in relentless representation and his entire office stands ready to serve with kindness, compassion, and patience. We strive to make a legal experience with our firm one of the most outstanding customer service experiences you will ever have and to do so without you having to go broke! Lawyers can be incredible and affordable. Let us show you how.
Dodge & Vega, PLC
Call Ben Dodge, your incredible Arizona Lawyer today at 1.480.656.8333.
Mr. Dodge can also be reached by email at email@example.com
His main Arizona offices are located at:
Mesa Arizona (home base office)
7227 E. Baseline Rd. STE 109,
Mesa, Arizona 85209
Phoenix Arizona office
2415 e. Camelback Rd., suite 700
Phoenix, Arizona 85016
Tucson Arizona office
One South Church Avenue, 12th Floor
Tucson, Arizona 85701