Legal Question in Wills and Trusts in Arizona

Re: Guardianship of minor child when parents are separated

Is your daughter and the baby here in AZ? I would suggest several things under the circumstances that you describe. First, your daughter should file for divorce or a legal separation at once, and without delay. She should have a child support and spousal support order in place as soon as possible. She would file that petition in the county where she resides. Second, she can make and execute a Last Will and Testament that nominates you to serve as her guardian and conservator, as well as the G/C for the baby, should you daughter pass away or be declared incapable of managing her own affairs or taking care of the baby. Third, your daughter should make and execute a Durable Health Care Power of Attorney and a Durable Financial Power of Attorney, naming you as her agent, so that you have legal authority to take care of your daughter should anything happen to her that disables her, you would have immediate authority, without going to court, to make medical decisions for her and the baby as well as take care of her financial affairs, including the family court matters.

Note that custody is up to the discretion of the court to determine what is in the best interests of the child, so that if anything happended to your daughter, you would want to immediately petition the court for custody and appointment as guardian and conservator of the child.

Further, a person can nominate someone to be a guardian of their child, however, this is not binding on the court and the father can always come in to court and ask for custody.

Don't hesitate to take action at once.