Child Custody
questions & answers
Question: I was wondering if I can file for emergency custody of my granddaughter being her mother has no home or bedroom for her no job and she uses drugs.
Answer: ARS 25-409. States Third party rights
A. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for legal decision-making authority or placement of the child. The court shall summarily deny a petition unless it finds that the petitioner's initial pleading establishes that all of the following are true:
1. The person filing the petition stands in loco parentis to the child.
2. It would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making.
3. A court of competent jurisdiction has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition pursuant to this section, unless there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health.
4. One of the following applies:
(a) One of the legal parents is deceased.
(b) The child's legal parents are not married to each other at the time the petition is filed.
(c) A proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.
You can find the paperwork at http://www.azcourts.gov/selfservicecenter/SelfServiceForms.aspx
QUESTIONS
-
I was wondering if I can file for emergency custody of my granddaughter being her mother has no home or bedroom for her no job and she uses drugs.
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- DES Aging and Adult Program
View full description - DNA- People's Legal Services - Fort Defiance
View full description - Southwest Community Services - The Division of Disabled Persons
View full description - Quilt Modest Means Program
View full description - DNA - People's Legal Services - Chinle
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.