Legal Question in Family Law in Arizona
my kids want to come home
my kids were taken from me 4 years ago from c.p.s. and my rights were severed as a parent. My oldest is 10 years old and wants to come home. Is it true that at the age 13 it's up to the children as of who they want to live with? can i get my kids back?
1 Answer from Attorneys
Re: my kids want to come home
Thank you for your inquiry.
Despite the myth, minor children (of any age) do not get to select their residence; although, in a JOINT CUSTODY PARENTAL SITUATION, the children's wishes often come into play.
In addition, you indicated in your inquiry that your parental rights were severed. If you mean this in the literal, legal sense, then you will not be able to re-gain parental rights - this is a permanent ruling.
If you mean that custody/guardianship was taken from you (NOT that your rights were permanently severed), you may be able to ask the courts to restore your children to you if you can show that doing so would be in your children's BEST INTERESTS.
I hope this information is useful. Good luck to you and your family.
Monica H. Donaldson, Esq.
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