Legal Question in Family Law in Arizona
My Son is 15. My Sister is a UofA employee. She is not in great shape mentally or financially but she is bugging me to give guardianship so she can get him free college tuition. Sounds great financially for my Son but as a parent, he would still live with me. No changes would occur. Would the courts notify my Ex or take away the child support or could my Sister get the support if he doesnt live with her. could this affect my taxes? Also my Son has property coming when he is 21 from a trust from his grandfather. Would this make me look bad as a unfit mother just for trying to give my Son a college education that I cant afford? I dont want him being in debt either. He wants to be something big like a doctor or lawyer. What should I be concerned about? She said she will pay the 1k for legal fees. not sure what to do.
2 Answers from Attorneys
Granting legal Guardianship over a minor cannot occur without Father agreeing or at least not contesting; and could certainly affect child support. I would question whether her plan would even be apporopriate for tution purposes if she is not in fact his actual Guardian.
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 Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
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Phoenix, Arizona 85004
(602)254-7251
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www.familylawaz.com
Yes, this is wrong on so many levels. Even if father were to consent to the guardianship, the guardianship itself would be fraudulent because the intent of it would be improper and it would not follow the spirit of the law. As my colleage Mr. Peters so aptly pointed out, if the child does not even live with the guardian it would be questionable whether actual guardianship existed, thus making it void or at least voidable in court. I applaud your desire to help your son achieve greatness in life, but first he needs to have a good foundation--emotionally, spiritually, intellectually, etc.--where he is at now, in high school. If he takes his academics seriously and hits the books, he just might get a full-ride or other scholarship(s), and there's always work-study, loans, etc. He can still accomplish all his goals, and they will mean that much more if he had to work hard for them.