Child Custody

questions & answers

Question: can a grandparent with temorary sole and legal custody give the child to a foster home when there is a birth parent able and wanting to care for them? would the courts allow this? (the parent is in another state.)

Answer:

In order to give 'temporary parental custody' to someone other than the custodial parent, a Temporary Order for Guardianship must be filed with the Superior Court of Arizona. You can locate the Court at the AZ Court website (http://azcourts.gov/AZCourts/AZCourtsLocator.aspx). It is important to note that each county may have a different form, so it is important to use the court locator to go to the website of the relevant Superior Court and use the form specific to the corresponding county. Here (http://www.superiorcourt.maricopa.gov/sscDocs/packets/JGT1.PDF) is a link to the Maricopa County version of the form. Other counties may use this form as well, however it is important to verify what is required by visiting the appropriate county website.

Forms must be filed with the Clerk of the Superior Court, and there is a filing fee. A person must give notice of the court case to everyone required to be given notice under ARS 14-5310 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/14/05310.htm&Title=14&DocType=ARS) and ARS 14-5401 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/14/05401.htm&Title=14&DocType=ARS). This often includes the non-custodial parent, although may not depending on the specifics of the existing custody order. ARS 14-5310 also provides information on the steps and findings necessary for an order of temporary guardianship. For more information regarding temporary guardianship, please consult an attorney and can access assistance in this process here (http://azlawhelp.org/articles_info.cfm?sc=35&mc=5&articleid=129). 

QUESTIONS

  • can a grandparent with temorary sole and legal custody give the child to a foster home when there is a birth parent able and wanting to care for them? would the courts allow this? (the parent is in another state.)

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