Legal Question in Family Law in Arizona

Obtaining emergency custody of child

How would my brothergoabout getting custody of his daughter.

Her mother leaves her withanybody for days on end without calling to see if shes ok. She takes her out partying and her boyfriend mistreats the baby. My brothers name is not on the birth certificate but he has been giving money and buying her diapers and food. The girls own mother wants the baby taken away from her because of her partying and abandoning her. How could he get some type of custody of his daughter?


Asked on 11/13/04, 5:29 pm

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: Obtaining emergency custody of child

Your brother can file a "Complaint in Paternity", and can request, even on an emergency basis, that he be granted custody of the child.

I can explain the procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 11/15/04, 11:06 am
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Obtaining emergency custody of child

Thank you for your inquiry.

Since the father's name isn't on the birth certificate, he will first need to establish paternity by filing a Complaint for Paternity with the Court. At the same time, he can also ask the court to establish custody and parenting time orders. If he believes the child is in signficant danger, he can ask the court to enter emergency orders granting him custody until a formal hearing can be held.

I offer a free initial consulation, and I am happy to discuss the case with him in greater detail.

Sincerely,

Monica Donaldson

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Answered on 11/13/04, 9:26 pm


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