Legal Question in Family Law in Arizona

I have had guardianship of two grandchildren for 7 years, obtained legal guardianship through the AR court 28 months ago, and recently was found (by AR judge) in the 'best interest' the children stay with me as my daughter (kids mom) tried to have the guardianship terminated. With that same court permission, kids and I moved to AZ 14 months ago, so my question is, can AZ take jurisdiction thereby limiting my trips to AR.. and I would like to sever her parental rights.


Asked on 8/09/10, 3:29 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

The court in Arkansas can agree to transfer jurisdiction of the case to Arizona; however, if you adopt the children, then the guardianship could be terminated entirely, and Arkansas would be out of the picture. To adopt them, you'd need to terminate the rights of both biological parents (either by consent or by proving abandonment or some other statutory reason). The termination and adoption would occur in Arizona (regardless of the AR proceedings) since the children now reside here.

I recommend you speak with an experienced attorney to help you determine whether you have grounds to terminate the parents' legal rights. We offer a free initial consultation, so please call our office at 480.792.9770 and schedule a time to speak with Attorney Kristy Blackwell about the details.

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Answered on 8/15/10, 2:02 pm


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