questions & answers

Question: How do I get proction for my grandchilden when my son girl freind can provide a home for them. Son is in jail. we have guardianship of there first child do to drug abuse by monther. She is now living with a cousin and her family along with her sister and there family in one home.

Answer:

The mere fact of a crowded home does not necessarily mean that a parent is neglectful. As the biological parent, generally your son's girlfriend's right to custody is superior to anyone else's - including a grandparent.  The only means by which a grandmother (or any other nonparent) can petition for custody (at least in family court) is through ARS 25-415. Please also remember that if you file such a petition, you are telling the court that you are the better choice for custodian.

You may want to speak with an attorney if you are considering attempting to gain custody of the child. This answer is provided for information only, if you are looking for legal advice, you may want to read the article on "Where to Find an Attorney for Specific Legal Advice."