Before the OSC hearing, who has custody of the children?
In a divorce or legal separation, until a temporary order regarding custody is in place, both parents have 100% right to retain custody of minor children. Therefore, it is important to immediately file for temporary custody. Often the parent receiving temporary custody is eventually awarded final custody because a judge will be inclined to maintain the status quo and will order custody according to a child’s present living arrangement and environment. When I file for an OSC, do I include details about the domestic violence? Absolutely. This needs to be set forth in the petition. Arizona law provides hat the court shall consider evidence of domestic violence when determining which parent gets custody of minor children. How long does it take to get temporary orders in place so that I can start letting child support or spousal maintenance? Often a hearing on an OSC for temporary orders is not granted for several months. In a situation where a spouse has been cut off from all community inc
