Q: ok I live in the state Az and I already have court orders here but just had to go to SLC Utah because
well I have been trying to enforce any parenting time I was given but the father has sent my daughter out of state to Utah with his mother at first and she was only suppose to stay out there to visit with grandma because she has cancer and wants to spend time with her , anyways the dad is here in Arizona homeless and this last month I recived a petition filed in SLC Utah from dads step sister trying to get guardianship of my daughter and I have never even met this lady but of course as soon as I got that I was on my way to SLC with no idea what I was doing but I went there anyways which I am glad I did cause I filed my objection to her petition had stayed in a hotel until the day of court I went with them hoping I wouldn't show up not to mention dad has several warrants in Utah but I was there and I have a minute entry from SLC from judge saying the request is denied . can I go get my daughter then and file for emergency custody in AZ ?
A: If you have a custody agreement in Arizona, you need to file for a modification. If the father has primary custody and is homeless, it will be difficult for him to argue the child would be safe in his care. You could also file a complaint with child protective services when you file your petition for a protective order.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.