QUESTION

How can I, as the father gain custody after its been taken away from the mother?

Asked on Dec 04th, 2012 on Child Custody - Arizona
More details to this question:
The mother was charged with cruelty to children and the kids were taken and Iโ€™m there father they have been legitimated. They are currently with family who threatened to give them to the state.
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5 ANSWERS

Steven D. Dunnings
Hire an attorney.
Answered on Apr 11th, 2013 at 1:28 PM

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Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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You would need to file for custody in the court case where the state received custody.
Answered on Dec 05th, 2012 at 9:01 PM

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Immediately file for a child custody hearing to get the kids back. If there is a juvenile court case, do not wait, contact social services and establish you are interested in the kids.
Answered on Dec 05th, 2012 at 3:52 PM

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You need to file a suit requesting custody of the child. Generally, that means you file a request to modify the last order and that request is filed with the court that entered the last order. The CPS people should be notified of your request to have possession of the child and they are legally entitled to notice of any suit you may file if they have initiated any proceedings in court to remove the child from the mother. I suggest you hire a lawyer.
Answered on Dec 04th, 2012 at 5:54 PM

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Family Law Attorney serving Chandler, AZ
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It sounds like you may need to file a paternity action in the Superior Court seeking custody of the children. I recommend you contact an attorney to discuss this process in greater detail.
Answered on Dec 04th, 2012 at 5:53 PM

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