Grandparents' Rights

questions & answers

Question: My grandson is 5 and has spent most of his life in my custody. He states he hates going home because there isn't any food or the electricity is turned off. Mom has since had 3 other children, and the father is threatening to take them. My concern is he is being neglected. She can't keep a home, she's very transient, can't keep a job, and has a house of women who berate and verbally abuse my grandson. With me, he has consistency and structure. Every now and then mom wants him back, but it's only briefly. Is there any way for me to get guardianship I worry so much for him?

Answer: If there is a caseworker, you should talk to that person. If there is not, you can petition for guardianship - which is easier if the mother and father agree. If only one can be found, the other would have to be notified by publication. If they don't agree, it is a fight in court. You can notify CPS of the situation and they may take action, but there is no guarantee that your grandson will be placed with you if he is removed. Here is a link to another response on this site that provides the AZ laws over guardianship. http://www.azlawhelp.org/viewquestions.cfm?sc=6&mc=1&qid=19903

QUESTIONS

  • My grandson is 5 and has spent most of his life in my custody. He states he hates going home because there isn't any food or the electricity is turned off. Mom has since had 3 other children, and the father is threatening to take them. My concern is he is being neglected. She can't keep a home, she's very transient, can't keep a job, and has a house of women who berate and verbally abuse my grandson. With me, he has consistency and structure. Every now and then mom wants him back, but it's only briefly. Is there any way for me to get guardianship I worry so much for him?

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  • State Bar of Arizona
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