QUESTION

Can my step children stay with me if their father goes to jail and their mother is deceased?

Asked on Jun 03rd, 2018 on Family Law - Arizona
More details to this question:
My stepchildren lost their mother and now their father may go to jail. I want them to have stability and have raised them for about 3 years. An older sibling has POA over them prior to mine and the fathers marriage and has agreed but I want to make sure the state won't step in.
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2 ANSWERS

Yes, you can have them stay with you but proper legal authority is advised since Father will be in jail and Mother is deceased. A POA is meant more for temporary situations and may not be the best, especially if an important medical, educational, or legal decision needs to be made. A guardianship or third party rights order may be more appropriate.   Please call if you would like an initial consult to discuss what may be more appropriate for your situation.  Depending on the complexity, we provide full representation or consultation only with document preparation.   Marie Splees Zawtocki
Answered on Jun 04th, 2018 at 9:59 AM

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Yes, the step children can stay with you especially if the Father agrees.  If Father is going to jail, you may want authority stronger than a POA.  A POA is typically most useful in temporary situations. A guardianship or Third Party Rights filing with the court is likely most appropriate, especially if medical, educational, or legal decisions have to be made. Our office can assist in deciding which is most appropriate for your situation.  We can provide full representation or consultation and document preparation depending on how complex this will be. Marie Zawtocki Attorney at Law
Answered on Jun 04th, 2018 at 9:49 AM

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