Can I get emergency temporary custody because my husband will not return our daughter if he picks her up

The only way, under current Arizona law, to obtain emergency custody is to show that the child's safety is at risk in the care of the other parent or placing the child in the care of the other parent will subject the child to imminent risk.  This is typically very difficult to obtain and the circumstances have to be dire.  Just having a threat that father will take the child and not bring her back is typically not enough for a judge to enter an emergency order without notice to the other party. It might make more sense to file your petition for divorce/legal separation along with a request for temporary orders.  These are orders (rules) that are put in place between the time the judge makes the orders until the time the divorce/legal separation is finalized.  You can ask for temporary orders on issues such as custody (decision making), parenting time/visitation, child support, etc.    *The answer presented is for informational purposes only and does not create and attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice only in the State of Arizona.  Any answers presented are based solely on Arizona state law and case law.*