Family Law

questions & answers

Question: My step son is 15. He has been with us for 16 months without seeing his biological mother. My husband is getting deployed in 2 weeks again, our son does not want to go back to mom being she has put him through alot. Does he have the right to tell a judge that and stay with me while dad is gone? What do we have to do legally to keep him home?

Answer:

Arizona Revised Statute § 25-415. Custody by nonparent; presumption; grounds; definitions - this statute contains the information about how a non-parent who is standing "in loco parentis" (in the place of a parent)can file for custody.

Arizona Revised Statute § 25-405. Interviews by court; professional assistance - is that statute that says that the court can interview a child to find out what the child's wishes are as to his or her custodian and as to parenting time.

You can view all statutes online here.

Comments:

QUESTIONS

  • My step son is 15. He has been with us for 16 months without seeing his biological mother. My husband is getting deployed in 2 weeks again, our son does not want to go back to mom being she has put him through alot. Does he have the right to tell a judge that and stay with me while dad is gone? What do we have to do legally to keep him home?

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  • State Bar of Arizona
    www.azbar.org
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    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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