Legal Question in Family Law in Arizona
My daughter signed 2 of my grandchildren over to me in 2003 and subsequently signed a waiver knowing I was filing to obtain formal guardianship/custody. I obtained the guardianship papers from Arkansas and with the courts permission, moved to Arizona this year. The kids are now 12 and 7. I received a call today from a process server with papers from an attorney in Arkansas wanting to meet me to serve the papers. The process server gave me the attorney's name and number in Arkansas. 1) Do I have to accept the papers? 2) Shouldn't my daughter have to come to Arizona if she wants to try to 'quit the guardianship' (process servers terminology)? 3) Is there something simple I can do here to turn the situation to mine and the kid's favor, i.e. send the Arkansas court papers indicating we live in Arizona, etc?
Thank you in advance.
1 Answer from Attorneys
I think your best bet is to call an attorney from Arkansas and get an opinion. If you have been here for more than 6 months then the Arizona courts might take jurisdiction. You just gave to get Arkansas courts to relinquish it first. You might have to file a motion to dismiss there first.
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