Parental Rights & Obligations

questions & answers

Question: my daugther is a 14 yr old runaway she is with a 16 yr old and his mother is aware of this. i recently had order of protection papers served to his mother, but they will not surrender my daughter she is still staying there with them. what shall i do to get her back. is there a form i can fill out and take to court that will say surrender 1 week or less, what should i do. please help! thanks

Answer: It is within your legal rights to go to the home where your child is staying and ask for your child to come home. It is also within your legal rights to contact the police to assist you and ask they return home.  However in Arizona it is not a criminal offense for a minor to run away, therefore the police department may not be as enthusiastic about searching for the runaway if they don’t feel they are in danger.

If you are the parent of a runaway child you should contact the police to assist you as well as an attorney for your legal rights and responsibilities and how best to proceed.
 
An "incorrigible" youth is one who is truant, runaway, refuses to obey a parent or guardian, violates curfew or smokes cigarettes. ARS § 8-201. If an incorrigible child commits a misdemeanor or a felony, they may be tried as an adult.
 
"Incorrigible child" means a child who:

(a) Is adjudicated as a child who refuses to obey the reasonable and proper orders or directions of a parent, guardian or custodian and who is beyond the control of that person.
(b) Is habitually truant from school as defined in section 15-803, subsection C.
(c) Is a runaway from the child's home or parent, guardian or custodian.
(d) Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
(e) Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
(f) Fails to obey any lawful order of a court of competent jurisdiction given in a noncriminal action.

QUESTIONS

  • my daugther is a 14 yr old runaway she is with a 16 yr old and his mother is aware of this. i recently had order of protection papers served to his mother, but they will not surrender my daughter she is still staying there with them. what shall i do to get her back. is there a form i can fill out and take to court that will say surrender 1 week or less, what should i do. please help! thanks

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