Legal Question in Family Law in Arizona

What papers need to be filed to sign legal custody of a child over to his grandparents? My friend wants to sign custody over to her father. She is not responsible and does not take care of the baby at all, but her father wants to make sure that she would have to go to court to get the baby back if she straightens up her life.


Asked on 1/18/10, 12:17 am

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

This is a situation where guardianship may be more appropriate than custody. This would require a court order to establish and a court order to terminate. I recommend you speak with an attorney who can give you information about both potential courses of action, as well as discussing what role (if any) the biological father plays.

We offer a free initial consultation, so please contact our office (480.792.9770) to discuss your options.

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Answered on 1/24/10, 8:13 am
Rich Peters R.J. Peters & Assoc., P.C.

It is my opinion that a Family Court agreement re custody would be much stronger than a guardianship. A Voluntary guardianship can be terminated at ANY time, just by her asking that it be terminated. A Family Court CUSTODY order can only be changed upon Petition if she convinces the Court that her situation has changed sufficient to return the child to her.

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

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Answered on 1/25/10, 9:15 am


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