questions & answers

Question: My husband and I gave Temp Guardianship and then Guardianship after 2 years to his mother. The years were from 2000-2004 that she had our children. Since June 2004 the children have lived with me. That was Almost 10 years ago. Almost 5 years ago she passed away. At least 7 of the 10 years she has not complied with the court yearly. I want to know since my childrens father and I consented to the guardianship in the first place. Once his mom passed,would the children fall back to us? If not I need to know what papers I should file to say I'm back and I have the children? thanks so much

Answer: A permanent guardianship is created by court order and can only be undone by court order. A.R.S. 8-871  ; 8-873  . A guardianship does not end simply because the children cease to live with the guardian and live with the parents. When a guardian becomes unable or unwilling to serve as a guardian, the court will appoint a successor permanent guardian upon the motion of an interested party. A.R.S. 8-874   The situation presented in the question raises multiple, complex legal issues that go beyond the scope of AZLawHelp. It is important to consult a licensed attorney to determine what actions must be taken to eliminate the need for an appointed guardian and to return legal custody of the children to the parents.