Legal Question in Family Law in Arizona

First of all, if you are a minor, unless your mother agrees to allow you to marry this person and until you are married to this person, or until you reach the age of 18 or you have been appointed an ad litem attorney to represent you, an attorney should not be responding to you and your mother will need to email the attorney and ask the attorney this question.

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However, IF an ADULT asked a similar question regarding their 15-year-old minor daughter who is pregnant and who is wanting to leave the home (which question I have seen before) hypothetically, I would respond as follows:

First, I would need to ascertain the following information of the parent:

A) Are you still married to this child's father? If yes, you can act on behalf of your child;

B) If you are not with this child's father, IS there already a custody order entered naming you as the sole legal decision-making parent or a joint legal decision-making parent with rights to act on behalf of the child? And if yes, then, you can act on behalf of your child;

C) If you are still married but not with the child's father or if you were never married and are no longer with the child's father, and if there is NO current custody order entered with any court wherein you are named the sole legal decision-making parent or a joint legal decision-making parent over this child, then, I would file an action to obtain this custody as soon as possible, as your child (daughter) could go to live with her father (not the boyfriend), and not return until the court enters an order for you to regain her custody from her father.

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Once the legal parent information has been ascertained, and assuming that you are a parent with legal authority, I would THOROUGHLY discuss the following actions that can be taken or could occur regarding this matter, and, I would also discuss the possible issues that may result from each of the following actions:

1) If your daughter is not 17 years-of-age or older, and if she leaves your residence, the police can be called and they should return your daughter to your residence, assuming there is no abuse or assault that has taken place on your part. The police will question you and your daughter and a record will be made;

2) If your daughter acts out in violation of any law, the police can be called and they may arrest her for the violation(s). If she is arrested, the state can file delinquency charges against her and for any violation of the law, and she may also be taken into state custody. You can also end up in juvenile dependency proceedings with your daughter ending up in state custody and placed with a foster parent, until, and in some cases after, the matter is resolved;

3) You may be able to file proceedings in the court against the boy's parents and you may be able to obtain custody of your grand-child, if you meet the elements required by the law;

4) If your daughter is not attending school (which she needs to be at the age of 15, unless you prove she is home-schooled) the state will file charges against you, and include your daughter, for Truancy;

5) In AZ, if your daughter's boyfriend is currently 18 years-of age or older or if there is not a 2-year age difference between your daughter and her boyfriend or say he is also age 15, then, he will be subject to the states' statutory rape laws and the police can be called and more serious things can occur, especially to him (the boyfriend), including (if his is convicted) that he would face a minimum sentence of one-year in prison and would have to register as a sex-offender, and then, later things can happen to your daughter and your grand-child, if your daughter stays in contact with that boyfriend, as the state could take her child from her. This things can occur no matter if your daughter leaves your home and or returns, or not. Hopefully this is NOT the case;

6) You should enter into counseling with your daughter in order to try to work out your issues with her, to the benefit of everyone, including the child soon to be born.

7) You should take all necessary steps to ensure the health, safety and welfare of your minor daughter, and her unborn child, which is required by the state and which you have a responsibility to do until she reaches legal age;

6) Other actions can occur and these will need to be discussed with your attorney.

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In closing, if this situation occurs, you will need to hire a qualified child custody attorney or family law lawyer to assist you in exploring options and to defend you in this matter, and before you do anything;

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Goldstein & Scopellite, PC has qualified litigation attorneys, child custody lawyers and family law attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.