Legal Question in Family Law in Arizona

Re: emanicaption of child (16) from adoptive father

Sent 9/10/2004

You have many options for attempting to cure the situation. First, your grandson could simply refuse to abide by his Dad's "orders". I would like to talk to you about this approach, as it could have some implications. However, given the child's age, it may be difficult for Dad to do anything about it.

Your grandson could also prepare a "Declaration of Emancipation", record it, send it to his Father, and see if his Father will abide. While this is not a Court Order, it may convince Dad that the child is serious.

Your grandson could also prepare and file a Petition for Emancipation. This, ultimately, if granted, would be a Court order, and he would then be considered an adult. He still then would have to choose to resist his Dad's efforts.

Finally, I suppose you could file for grandparents custody, and seek Orders limiting or eliminating Dad's access.

I can explain all of these issues better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com