Guardianship of Minor

questions & answers

Question: what are the steps that I need to take to terminate my childrens guardianship and return them back to my custody. And what are the steps to I need to take to open up CPS' case that have been closed to reopen them

Answer:

You may want to familiarize yourself with the statutes which may touch upon your situation. In Arizona, Title 8 of the Arizona Revised Statutes (A.R.S.) include laws on guardianship of children. Title 8, Chapter 10, Article 5 (beginning with A.R.S. § 8-871) contains laws describing permanent guardianship and revocation of guardianship. A.R.S. § 8-873 explains revocation of permanent guardianship. That statute says:

A. The child, a parent of the child or any party to the dependency proceeding may file a petition for the revocation of an order granting permanent guardianship if there is a significant change of circumstances, including:

1. The child's parent is able and willing to properly care for the child.

2. The child's permanent guardian is unable to properly care for the child.

B. The court shall appoint a guardian ad litem for the child in any proceeding for the revocation of permanent guardianship.

C. The court may revoke the order granting permanent guardianship if the party petitioning for revocation proves a change of circumstances by clear and convincing evidence and the revocation is in the child's best interest.

Each county in Arizona may have specific forms that need to be completed for revocation of guardianship. You may want to contact the local Arizona superior court to find out what forms need to be submitted to the court. You can find specific court forms and information online for Maricopa County, Coconino County and Pima County Superior Courts.

You may want to look on the DES website for CPS contact information to learn more about opening a CPS case.