Legal Question in Family Law in Arizona

Im trying to help my boyfriend, Robert Merdell, obtain custody of his 4 yr old daughter Autumn. He dont know where to start so Im seeking legal advice.

Autumn has been living with her grandparents since birth. The mother sees her child occasionally when she feels like it and is not involved in her upbringing or financially helping. The grandparents are her mother and father. This family does not get along with Robert.

They keep Autumn from Robert and wont let him see her. They make her call him just to tell him she hates him. They have no legal papers, or gardian ship with the courts. Robert wants his daughter and they wont let him have her.

We went to court and got custody papers that we have not filed yet.

Our questions are:

Does Robert have legal rights being Autums biological parent?

Has the mother voluntarily given up parental rights by being gone for so long?

Can he get custody of Autumn?


Asked on 4/02/11, 11:08 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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