Legal Question in Family Law in Arizona

Emergency Custody

My brother is trying to get emergency custody of his 3 children. His wife has an addiction problem and it is affecting the children and safety in their home. He has the kids with him now, but his wife's parents want the children to come back and stay with them - in the same house where is wife is currently staying. They are threatening grandparent's rights on him. He is confused as to what his rights are and how quickly he can file for emergency custody.


Asked on 7/14/09, 12:37 pm

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

Re: Emergency Custody

A parent's rights most generally trump those of grandparents, as long as there is at least one parent competent and capable of caring for the child(ren). An emergency custody order should be filed immediately - that's why it's called an emergency order. The grandparents still can have visitation, but they don't have the right to stay where the grandkids are going to live or with whom.

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Answered on 7/14/09, 2:22 pm


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