QUESTION
How do I go about getting custody of my neice who lives in Arizona and I live in Washington state?
Asked on Jul 19th, 2011 on Family Law - Arizona
More details to this question:
I need to know what I can do to get custody of my neice. She's 5 months old, the father has agreed to sign her over but the mother keeps changing her mind, disappearing for days. We have reason to believe she sold her daughter to the people she is living with now, but don't have proof that. It's just word of mouth unfortunately. The mother is unstable and doesn't care about the child. She won't let the father see her unless it's when she wants to go out and party with friends. It's a very long history and story, a very sad one at that, and I fear for the well being of this child. As a mother myself I can't just stand by and watch this child suffer with a mother who doesn't want her.
What can I do? The baby is in Arizona but I am no longer located in Arizona, I'm in Washington state. I don't know where to turn or what I can do. But I can't watch this child be handed around from family to family like she's some kind of doll.
1 ANSWER
Laura Monte
If you are concerned for the child's safety and welfare, then you need to call the CPS hotline at 1-888-767-2445.
If you are not concerned with the safety of the child, but would like the custody of the child, you could attempt to file for guardianship over the child in Juvenile Court. Father is consenting, so the only parent that you would have to "fight" is the Mother. Since she has given custody of the baby (informally) to others, you could use that argument to show that she is not interested in being a parent whatsoever. Depending upon the judge, a guardian ad litem (GAL) maybe appointed to investigate what is in the best interest of the child. If indeed the GAL believes that you are more appropriate, then the judge may award you custody.
The most ideal situation would be if you could get informal (no court order) custody of the child for a period of time, then you can file for custody in family court claiming that you are acting "in the shoes" of the parents (called "in loco parentis" custody). In order to be successful in this, you will need to have the child in your care (if will make your case stronger).
*The answer presented is for informational purposes only and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.*
*Laura B. Monte, Esq. is licensed to practice only in the State of Arizona. Any answers provided are based solely on Arizona law and case law.*
Answered on Mar 16th, 2012 at 3:47 PM