Legal Question in Family Law in Arizona

If a 4 year old child has been living with grandparents since birth, the mother is out of the picture, and there are no legal guardianship rights or any rights filed through the courts over the child, is the father allowed to get custody of the child and temporary guardianship?

The grandparents dont get along with the dad and wont let him see his child that he wants. They use the child against him.


Asked on 4/02/11, 11:21 am

1 Answer from Attorneys

Rich Peters R.J. Peters & Assoc., P.C.

Dad COULD AND SHOULD file for his rights. If he has been out of the picture for some time, perhaps it would start with visitation. BUT, THE BIOLOGICAL FATHER certainly should be preferred over the grandparents.

We can certainly help you consider and then pursue your options in pursuing custody or access.

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 Gina 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

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Answered on 4/04/11, 8:58 am


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