Who has custody of the children if the court has not entered temporary custody orders in my case?
In Arizona, both parents have an absolute right to the care, custody, and control of their children until the court enters an order delineating each parent’s rights. There are no rules with respect to the parents’ respective rights to their children until an order is entered by the court which has the potential of creating a situation wherein one or both parents are unilaterally keeping the children from the other parent. This type of conduct, however, is not viewed upon favorably by most judges and provides a basis for the court to grant the non-offending parent custody of the children when the issues are presented to the court. It is important, therefore, to seek a temporary orders hearing as soon as possible to avoid any potential conflict between the parents.
