Legal Question in Family Law in Arizona

It is certainly easier for your daughter to grant you guardianship over her child (which happens in juvenile court) than to try to deal with custody proceedings in family court. To obtain custody, you'd have to show that it would be significantly detrimental for the baby to remain in her care. To obtain guardianship, you'd need her consent (and potentially the consent of the father, depending on the circumstances), and you'd have to allege that at the moment, she's not in a position to care for the baby. This is a fairly common proceeding for situations where the grandparent wants to provide medical insurance for the baby.

Guardianship is "permanent" in the sense that it stays in effect until the court terminates it; however, it is able to be terminated, for example, upon the parent's request to the court.

We offer a free initial consultation, so please contact our office at 480.792.9770 to arrange a time to speak with one of our attorneys regarding the details of your situation.

This is a process the attorneys in my firm are very familiar with. (1) she can sign over temporary, voluntary guardinship through the Probate Court. She can freely revoke this anytime. (2) She can sign over "Custody by a Non-Parent" in Family Court. This would only be modifiable upon a significant and contionuing change in circumstances. (3) You can seek "permanent" guardianship in Juvenile Court, which can then involve Child Protective Services.

We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com