Yuma, AZ asked in Family Law, Child Custody and Juvenile Law for Arizona

Q: I have an in-home intervention w/court oversight with DCS. If I give my Brother guardianship will Dcs close the case

1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: The short answer is no. DCS will likely keep the case open until they are confident there is no longer a concern that the child(ren) will be abused or neglected. Merely giving your brother guardianship is not extremely reassuring; particularly because it is your brother and DCS will likely consider that he will have split loyalties between protecting the children and not damaging his relationship with his sister.

If you are unable to provide an appropriate environment for your child(ren) and are willing to place them in your brother's care until your situation improves and that is in the child(ren)'s best interest, I would encourage you to give your brother guardianship and custody because it is what is best for your child(ren) whether DCS closes their case or not. Ultimately, you should be interested in what is best for your child(ren) regardless of what DCS does.

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