questions & answers

Question: We have temporary guardianship of our granddaughter. Both her parents are drug abusers. We would like to have a more permanent type of guardianship or custody. Our concerns are how can we do this and how would our granddaughter keep her AHCCS? We have insurance through my husbands work, but our granddaughter would lose her mental health support if her AHCCS were to stop. What can we do to keep her safe and keep her mental health support?

Answer:

In order to gain full custody of a grandchild, the grand parent must petition the superior court for legal decision making authority for 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:

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.

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.” (ARS 25-409)

As for maintaining your grandchild’s mental health support, please seek the help of a licensed attorney who will be able to give you advice and aid you through the process.