Guardianship of Minor

questions & answers

Question: If a married couple has guardianship of children for the past 5 years, and the couple now wish to divorce. Would the they risk losing the children?

Answer: Arizona has laws in place that govern when it is necessary to revoke guardianship. Unless the result of the divorce would cause a significant change in the circumstances that existed at the time the guardianship was put in place the divorce may not pose a risk in loss of the children. Additionally, the child, a parent of the child or any party to the dependency proceeding, would need to initiate filing of a petition to have the guardianship revoked. See A.R.S. § 8-873 http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/8/00873.htm&Title=8&DocType=ARS

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QUESTIONS

  • If a married couple has guardianship of children for the past 5 years, and the couple now wish to divorce. Would the they risk losing the children?

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