Legal Question in Family Law in Arizona

Based on the information you provided, you would need both parents to consent to the guardianship. If the mother will not consent, you can try to file the guardianship and serve her with notice of the hearing to see if she will appear and object. If she does not appear and object, the court can enter the guardianship in her absence. If she does appear and object, the court is faced with a difficult decision, because a guardianship is not intended to be an adversarial type of proceeding (e.g. it is different than a custody action). We offer a free initial consultation and can explain the process better in person. Please call our office to arrange a time to speak with one of our attorneys about the details of your situation.