Legal Question in Family Law in Arizona

My question is in reguards to Arizona Guardianship laws.

My two year old nephew is the minor my husband and I are seeking guardianship of. The father, who is my brother, is in jail, and the mother is a minor who is a repeat runaway and whoes whereabouts are currently unknown. The child is living with his adoptive great grandmother, who is a chain smoker, is bi-polar (according to the mother) and very controlling. My mother has already started the process in court to obtain guardianship, but it has been held up until proof of paternity can be shown. The test has been taken, and we're trying to get the results to the judge.

My mother agrees and would preffer that my husband and I would be a better match for my nephew, providing him with a true family environment.

My question is this; since my mom is already pursuing guardianship, is it possible to either at this point, or directly after she obtain guardianship,to transfer guardianship to my husband and myself?


Asked on 10/08/10, 6:16 pm

1 Answer from Attorneys
Rich Peters R.J. Peters & Assoc., P.C.

She likely cannot TRANSFER. You should intervene.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

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 ASK FOR ATTORNEY CARLIE OWSLEY WALKER, WHO HANDLES MOST OF OUR GUARDIANSHIP MATTERS.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina 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

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 10/27/10, 2:32 pm


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