Phoenix, AZ asked in Family Law for Arizona

Q: My 8 year old granddaughter has lived with me for 6 years Her mom has mental health issues lives in a group home

She recently started dating a guy that has mental illness as well (Suicidal)and they want to live together the only way she can get an apartment by herself is if she has her daughter with her. How can I prevent that?

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2 Lawyer Answers
Mike Branum
Mike Branum
Answered
  • Saint George, UT
  • Licensed in Arizona

A: If you are not already a court-appointed guardian for your granddaughter, you need to be.

This website - https://superiorcourt.maricopa.gov/media/3431/jg1z.pdf - should be helpful if you cannot afford an attorney and cannot find one to represent you without cost.

Rich J. Peters
Rich J. Peters
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: There are a few options we can discuss. I would need to know so much more. A private dependency petition can be filed with the Juvenile Court and can provide a long-term solution even without Mom and Dad’s agreement. A Title 8 Guardianship is possible, but requires the consent of the parents (or at least no objections). We also can discuss Title 25 “third party” rights for "in loco parentis" custody or visitation.

Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

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 ½ hour consultations, in which we can discuss your matter in detail.

Please call or email my assistant Kathryn to schedule your free ½ hour consultation.

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