Guardianship of Minor

questions & answers

Question: My husband & I have legal guardianship of our two grandsons, aged 14 & 15. Our 14 year old has requested to live with his mother, who is also in Tucson. This will be ok with us, however we don't know exactly how to proceed. His father has physical custody,mom has joint custody. His dad has indicated that he does not want him. What is the legal proceedure to turn custody over to his mom?

Answer: If the father agrees to granting the mother legal guardianship, there should be no issues present. Parents can decide custody and parenting time between themselves, and the court always gives precedence to the child's best interests (ARS 25-403). You can find the paperwork neccessary to change custody order at the Pima County Superior Court website, or you can ask for the paperwork from the Superior Court Clerk.

QUESTIONS

  • My husband & I have legal guardianship of our two grandsons, aged 14 & 15. Our 14 year old has requested to live with his mother, who is also in Tucson. This will be ok with us, however we don't know exactly how to proceed. His father has physical custody,mom has joint custody. His dad has indicated that he does not want him. What is the legal proceedure to turn custody over to his mom?

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  • State Bar of Arizona
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