Legal Question in Family Law in Arizona
My 16 year old brother lives with our father and sees our mother on the weekends. Our father has a very short temper and gets physically abusive when he's angry. He is abusive in other ways as well. CPS has been called numerous times over they years, but nothing was ever done until very recently, when they got involved enough for my father to agree to share custody with mymother (the current arrangement). My mother can't afford to take him full time, nor can she handle him when he acts up due to having Bipolar Disorder.
My fiance and I are moving into our own place within the month with our daughter. My brother and I are very close, and he looks up to my fiance and adores his niece. My fiance has extensively worked with special needs children and adults, and has proven he can safely and properly subdue my 6'2" brother if the need arises. We are very poor, as my fiance is the only one working and I am a stay-at-home mother, but we have a supportive, positive home.
My brother broke down and cried to me last night, telling me how much he hates living with our father. He's depressed and afraid of him. He's been arrested a couple times when our father told the police that my brother had attacked him (they won't believe my brother was defending himself). He says his recent suicide attempt was because he is so miserable when he's with our father. The situation just keeps getting worse, so would it be possible to fight to have custody of him, and share it with our mother? There isn't a doubt in my mind that he would thrive in a structured, nuturing environment with my family rather than in the fearful, abusive place I know firsthand our father's home to be. My fiance and I are fully prepared to fill the role of guardian for him. I know our father will fight back as hard as he can, but I know it will be worth it if I can get my brother out of there. My mother supports my idea, but first I need to know if it would even be possible, and if so, how to go about doing it.
Thank you very much for your time, and I apologize for the length of my question.
1 Answer from Attorneys
There are theories under which a non-parent can seek custody of a minor child. BUT, there is no way I can tl you "how to do it" via email.
We can certainly help you consider and then pursue your options.
We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters. We also can structure assistance to help you represent yourself if your prefer, whether by the project or by the hour.
Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, than I refund any unearned amounts.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
