Legal Question in Family Law in Arizona
In Sept. of 2011, my mother was appointed temporary guardianship of my two children while their mother lost all rights to them. CPS was involved and my children were removed from their mothers home. I was told by my mother that if I didn't sign my rights over (due to my record of trespassing), that my children would go to the state. In the end of this mess, my mother was awarded guardianship of my children and told me she would have no problem signing them back over to me once I got my record clean. Looking back, I don't remember signing anything saying I was giving my rights away. I lived with my mother and two children from the time she received my children until May of 2012. She has now taken me to court for child support. But while I was at the court house yesterday, I checked all the records they have on myself and my mother; there is NO document saying that I signed my rights away and that my mother only has guardianship. I guess my question is: what can I do now to get my children back? They should be with me and I've been fighting my mother for them for almost a year now but she is refusing. With the amount of child support I'm paying, it's really hard to get a lawyer.
On another note; my mother does have a mentally ill background...so I'm not sure if that would matter or not? She's been admitted in the mental ward at least twice and has done numerous things to prove her to be very mentally unstable. She doesn't have a job; she lives off the government, my dad's checks he sends her and my child support.
WHAT CAN I DO?!!
1 Answer from Attorneys
I would need to know a little more. Specifically, what manner of Guardianship was she granted? You MAY be able to simply file a document rescinding your Consent. You may not have signed anything, but may have consented either in Court, or simply by not appearing. In one type of guardianship, all you have to do is revoke your consent to terminate the guardianship. That may open up other proceedings, though.
Please come in soon. 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 call us directly to discuss the specifics of your matter, or contact my assistant Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004
(602)254-7251
Fax (602)254-1229
www.familylawaz.com
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