Legal Question in Family Law in Arizona

Teenager choice

My 15 year old grandaughter has lived with us since birth with the exception of 2 years when her mother (my daughter) moved out and married during most of that 2 years my grandaughter was still in our home 4 or 5 days a week. Her mother officially moved her in with us again 6 years ago and she and her younger daughter moved to an apartment. My Grandaughter has considered our home her home for all her life. My daughter has anger fits and is verbaly abusive to all of us especially me, she threatens to take my grandaughter out of our home which upsets her. she is a good student and has her friends here and has lived with us for ever - My grandaughter is aware that her younger sister is being abused by her mother and does not want to move in with that situation. Our grandaughter would like us to have legal guardianship so that she no longer has to listen to the threats to move her all the time. Is this possible?


Asked on 1/08/03, 12:04 pm

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

Re: Teenager choice

Yes, it is possible. The age of the child and the duration in your home should carry quite a bit of weight. However, you should know that Arizona generally considers the rights of a parent to far exceed the rights of any other.

Nonetheless, you could consider either guardianship proceedings, termination proceedings, or "in loco parentis" proceedings.

I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). 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 Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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 1/08/03, 12:36 pm


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