Arizona Child Custody Legal Questions

You don't say where the child is living. If he's living with you, you can file a third party custody acknowledging that the father may be fit but is absent for long periods of time (I assume he's deployed) and establishing an appropriate parenting plan until he's done with the navy. If the child is living with the father and the father is not currently deployed, then as grandparents you have no inherent rights.... Read More

You don't say if the father is asking to have the child. His rights are the same as yours so he is free to take the child or go to court to have a parenting plan established. That's what I would suggest you do. File for a legal separation (or divorce) and make a motion for temporary orders to get a temporary parenting plan and child support. In the motion, explain your concerns about the father's home and create a plan that allows the child to spend time with the father without being in an unsafe place. It's always possible to do that. It may take a little creativity.... Read More

You seriously need to get child support for the children. At this point I doubt she can get shared custody unless she has had a "substantial changed of circumstance." I am sure the desire to not pay support will not qualify as a change of circumstances. No you cannot get back support if it was never set up.... Read More

Yours is a complex situation and you probably should get a consultation with a family lawyer who has some familiarity with dependency matters so you can weigh your options. There may be several options available to you, the result of which would be difficult to predict, and particularly from the little information you have provided.It sounds like your grandson should say with you, based just on what you wrote, but this needs to be handled on a more permanent, long term basis, through proper channels. Good luck.... Read More

In Arizona generally speaking, the court would order that you have custody of the child. The mother's attempt to pass guardianship of the child to her family should not modify your rights as the biological parent. That does not mean the mother's family has no recourse. They may file an action to exercise grandparent visitation under Arizona law.... Read More

You should see an attorney in Utah. In Arizona it is possible for a non-parent to obtain legal decision making and/or primary care of a child, but there are many factors that need to be considered, depending upon your specific story. There may be some other options as well, including guardianship. However, given you and presumably your son are in Utah you should see someone there.... Read More

Child support payments in Ohio only terminate two ways: if the child is eighteen and has graduated high school, or by order of the court. In your case it appears Ohio laws would apply. But this answer may not be taken as legal advice, and is for entertainment purposes only. Please contact an attorney near you. The answer does not create a lawyer - client relationship, nor is it protected by lawyer client privilege.... Read More

What exactly do you mean by being "held liable"? Also, it is difficult to tell if your husband just has sole legal decision making and/or is the primary residential parent and if the mother has any rights of decision-making and/or parenting time. Some of your questions may have to do with criminal law, ie negligent supervision? Or personal injury? It sounds like you should speak with your husband about your concerns. Is there a danger that the step-daughter is trying to sabotage? Perhaps your husband needs to make other arrangements when he travels if you do not want to handle the responsibility, and it is a huge responsibility for a non-parent.... Read More

If your questions is whether you can both have counsel and represent your self the answer in no. You may, however, be able to work with your attorney to do some of the work yourself and minimize the work that he or she has to do. If you really want to protect yourself you should obtain a second opinion as soon as possible. I realize you already spent $7,500 to date, but whatever fees you will incur in the future going forward may have little to do with what had already been paid. Do you want to spend the fees with someone who you have confidence in, particularly since this is dealing with your child? Or, perhaps by speaking with someone for a second opinion you will learn to better understand your attorney and your opinion may improve. It should be worth paying someone an hour or two of their time to gain a better insight into what is going on.... Read More

This message board is meant for general responses, as opposed to specific legal advice, and it would be difficult to assess this situation without a full history. Given that you indicated there already is an open CPS case you should consult with an attorney who deals in that areas. While the goal of CPS is supposed to be family reunification, you want to be sure that there isn't something going on behind the scenes that could adversely affect you.... Read More

Let me guess, the reason that the contempt hearing is scheduled three months away because your ex-husband has a lawyer who said his/her "busy schedule" had no openings until three months away. It is outrageous to scheduled for hearing a motion for contempt based upon a claim of denied parent time. That simply feeds into the denial of parent time for another three months.... Read More

In Arizona it appears you may have an appropriate basis to terminate the parental rights of the biological father. Once those rights are terminated then your husband could adopt the children You and your husband should consult with an experienced adoption attorney to discuss your options, and what is required to terminate the rights, and move forward with the adoption.... Read More

Yes. Your husband can file a petition to adopt your children. You will need to terminate your former husband's rights as part of the proceeding. He can voluntarily consent to the adoption or the court can terminate his rights based on his failure to maintain a parental bond with the children, and/or his failure to financially support the children.... Read More