Q: I have been given my granddaughter because my daughter was served with an order of protection from her ex boyfriend
And my granddaughter is a protected person should I file a non parent to establish legal decision making in loco parentis
A: If the mother and the father have a case which was filed with the Maricopa Superior Court, you can file as a "third party" intervening in that case," and should be able to accomplish your goals, unless the Father objects. If that happens, the case becomes more fact specific.
If the parents do not have anything filed with the Court (or domesticated by the Court, you can file for guardianship. The statutes and rules are not the same as the statutes and rules for family court.
I recommend you contact an experienced family law attorney to assist you, and one who is familiar with the rules under the probate statutes..
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