questions & answers

Question: My Grandson and his parents went to California to visit other Grandparents. Both his parents decided to go to rehab. Grandpa filed for guardianship. Mom left rehab after a week and moved in with a friend and continued to use. Dad stayed in rehab for 60 days and came back to Arizona to get a job and a place to live for him and his son. Now he wants to bring his son home. Mom and Dad are not married , Dad is not on Birth Cert, But child does have Dads last name. He has been in California for a total of 6 months. How do I get custody of my almost 3 year old son?

Answer: I am a bit confused by your question.  In the first section, you say your grandson and his parents went to California.  At the end of the question, you say you want custody of your 3 year old son.  Which is he?  It makes a huge difference in terms of the action you take.  If your son is the child's father and is currently living and working in Arizona, I am assuming he wants to take the action to return the child to Arizona.  There are lots of moving parts here.  The child having his last name does not determine paternity.  Would mom be willing to sign an affidavit of paternity to get dad's name on the birth certificate?  If not, he may want to file a paternity action.  If he files in Arizona, mom and her parents may try to get the case moved to California.  You and your son need to speak with a lawyer.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.