Filing Arizona Custody Forms

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Summary

You need to file a Response to Petition for Emergency Temporary Orders, an Affidavit of Facts Constituting Contempt, and a Parenting Plan. For a new evidentiary hearing, file a Motion for Reconsideration, an affidavit supporting your motion, and a Notice of Hearing. The upper hand in an evidentiary hearing is determined by the strength of the evidence, not who requested it. The opposing party may request another hearing to present new evidence or reinforce their case. Consult a legal professional for personalized advice.

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What forms do i need to file with superior court in arizona in response to wife filing emergency custody with notice because of a police report alleging drugs found in my truck but the case was closed and no charges filed?
You may need to file:
*. Response to Petition for Emergency Temporary Orders
*. Affidavit of Facts Constituting Contempt
*. Parenting Plan
Please consult a lawyer or contact the Arizona Superior Court's self-service center for personalized advice.
what is *
The "Affidavit of Facts Constituting Contempt" is a document where you detail instances where the other party has violated court orders. It's usually used in child custody cases, but may not be necessary in your situation. Please consult a legal professional.
what is *
The "Response to Petition for Emergency Temporary Orders" is a document where you state your side of the story and contest the emergency temporary orders sought by your wife. It's important to consult a legal professional for guidance.
an evidentiary hearing was held and i lost my counsel and was unable to disclose my evidence to present my side at that hearing so judge granted the motion and now i have orders to drug test * miles away ands a hair follicle, however at the status conference folowing the hearing, i requested another evidentiary hearing but so did the other party...what forms do i need to submit now?
Based on your situation, you may need to file:
*. Motion for Reconsideration, stating your reasons for a new evidentiary hearing
*. Affidavit supporting your motion
*. Notice of Hearing, once your motion is scheduled
Please consult a legal professional or your local court's self-service center for guidance.
who has the upperhand at the evidentiary hearing...the one who reequested it?
At an evidentiary hearing, the upper hand is not determined by who requested it. It's about the strength and credibility of the evidence presented. Both parties will have an equal opportunity to present their case and evidence.
why would the opposing party also request another evidentiary hearing if the judge already granted their petition?
The opposing party may want another evidentiary hearing to present additional evidence, reinforce their case, or respond to any new evidence you might present. It's important to prepare thoroughly for this hearing. Consult a legal professional for guidance.
when a new evidentiary hearing is requested then the other party has to request one as well just to respond to any new evidence i present?
No, the other party doesn't need to request a new hearing to respond to your evidence. They can simply present their counter-evidence or arguments during the same hearing that you requested. It's crucial to consult with a legal professional for guidance.
then why would they also request one when i already requested one?
The opposing party may have requested another evidentiary hearing for a variety of reasons, such as wanting to present new evidence or make additional arguments. Consulting with a legal professional can provide a clearer understanding of their motivations.
but i had already requested one so they wouldnt need to
Yes, you're right that they wouldn't need to request another hearing if you've already done so. Their request might be due to a misunderstanding or a legal strategy. You should consult a legal professional to understand their reasoning better.
what are the possible legal strategies?
In your situation, possible legal strategies might include:
*. Providing compelling evidence to refute the claims.
*. Demonstrating that you've addressed any alleged issues, such as with drug tests.
*. Showing the court that you're willing and capable of meeting your child's needs.
*. Presenting character references to back up your claims.
Always consult with a legal professional for personalized advice.
i meant what would be the opposing partys possible strategies for also requesting the hearing?
The opposing party's possible strategies might include:
*. Introducing new evidence or witnesses.
*. Aiming to discredit your evidence or witnesses.
*. Trying to demonstrate inconsistencies in your testimony.
*. Seeking to show they have taken steps to address any issues raised in your request. Always consult a legal professional for personalized advice.
but they could do that without also requesting another evidentiary hearing so how does it specifically help them if they also request the new evidentiary hearing as well
Requesting a new evidentiary hearing could help them if they:
*. Want to ensure ample time for their new evidence or arguments.
*. Seek to maintain control of the narrative.
*. Wish to signal that they're actively involved in the case.
Remember, legal strategies can vary. Consult a legal professional for personalized advice.
does it give the one requesting the hearing more of an advantage becausae of the ability to go first and then be able to rebuttal my argument in the end?
In an evidentiary hearing, the order of presentation doesn't necessarily provide an advantage. Each party has the opportunity to present their case, cross-examine witnesses, and give a closing argument. The judge's decision is based on the strength and credibility of the evidence.
im still not understanding how the opposing party also reqwuesting the new evidentiary hearing when they already were granted their motion and i already requested the new hearing
The opposing party might have requested a new evidentiary hearing to:
*. Further establish their case.
*. Introduce more evidence.
*. Respond to or anticipate your new evidence.
Legal strategy differs case by case. For a clear understanding, consult a legal professional.
why wouldnt they be able to do that without also requesting a new hearing if i already requested one?
The opposing party can indeed respond to your evidence without requesting a new hearing. Their additional request might be a tactic to emphasize their commitment to the case, or it could be a misunderstanding. For clarification, consult a legal professional.
so it shows they dont oppose the new evidence
Not necessarily. The opposing party requesting a new evidentiary hearing doesn't automatically mean they don't oppose your new evidence. They might be planning to challenge it or present counter-evidence. Consult a legal professional for advice.