Legal Question in Family Law in Arizona
does being married to your partner give you legal guardianship over their child, even if the other parent is paying child support?
2 Answers from Attorneys
Unless there are court orders to the contrary, a parent's rights are always superior to a non-parent's rights, regardless of whether child support is being paid. Legal guardianship by a third-party is something that must be granted by a court, and this generally is not done if there is a parent able and willing to care for the child.
No, it does not. There are recent Arizona cases which do indicate that a step-parent can seek visitation or custody rights upon divorce from the Father. BUT, during the marriage, you remain a step-parent.
If you wish to discuss further, we can certainly help you consider and then pursue your options.
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Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
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