Child Custody

questions & answers

Question: I have had my nephew for almost a year..his mother doesn't want him an his dad my brother is in jail..she will not give me anything staying he is with me cause she doesn't want to have to pay for him...i don't want her money I just want to be able to take him to the doctor an such...how should I handle this situation

Answer: Your question leaves out information we need to answer your question.  Your brother is in jail.  Does he have custody rights over the child?  If he does, you can ask him to sign guardianship papers.  If he doesn't, the situation becomes far more complex.  In order to become the guardian of a child over the objections of the parent, the child must first be "dependent."  A child is "dependent" if the court determines that the child is a dependent of the juvenile court.   That means you would need to involve the courts and probably Child Protective Services.  (Arizona Revised Statutes, section 8-871).  You need to talk to a lawyer before taking action.There are programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341 or you can apply online at http://www.azlawhelp.org/accessToJustice.cfm.  The second program is a lawyer referral service.  For a $40 fee, Maricopa County Bar Association Lawyer Referral or Pima County Bar Association will set you up with a 30 minute consultation with an experienced lawyer.  The telephone number is (602) 257-4434 for Maricopa and (520) 623-4625. 

 

QUESTIONS

  • I have had my nephew for almost a year..his mother doesn't want him an his dad my brother is in jail..she will not give me anything staying he is with me cause she doesn't want to have to pay for him...i don't want her money I just want to be able to take him to the doctor an such...how should I handle this situation

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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