Question: I LIVE IN SPOKANE AND MY PARENTS, WHO HAVE GAURDIANSHIP OF MY 9 YEAR OLD DAUGHTER, LIVE IN TUCSON AZ. I WOULD LIKE TO FILE THE REVOCATION OF GAURDIANSHIP BUT I HAVE NO MONEY AND CAN NOT GO TO ARIZONA FOR COURT. MY PARENTS HAVE HAD MY DAUGHTER FOR TWO YEARS AND I AM READY FOR HER TO COME BACK HOME TO ME......WHAT DO I DO
Since guardianship can be complicated, it may be helpful for you to have an attorney to help you through this process. The following is provided for general information purposes only. To find out how these and other laws may apply to your situation, you may want to speak with an attorney.
You may want to familiarize yourself with the statutes which may touch upon your situation. In Arizona, Title 8 of the Arizona Revised Statutes (A.R.S.) include laws on guardianship of children. Title 8, Chapter 10, Article 5 (beginning with A.R.S. § 8-871) contains laws describing permanent guardianship and revocation of guardianship. A.R.S. § 8-873 explains revocation of permanent guardianship. That statute says:
A. The child, a parent of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including:
1. The child's parent is able and willing to properly care for the child.
2. The child's permanent guardian is unable to properly care for the child.
B. The court shall appoint a guardian ad litem for the child in any proceeding for the revocation of permanent guardianship.
C. The court may revoke the order granting permanent guardianship if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is in the child's best interest.
Each county in Arizona may have specific forms that need to be completed for revocation of guardianship. You may want to contact the local Arizona superior court to find out what forms need to be submitted to the court. You can find specific court forms and information online for Maricopa County, Coconino County and Pima County Superior Courts.
August 20, 2009