questions & answers

Question: My Husband’s Brother (14) is going to come live with us, He currently lives in CO w/ Mother in an unsettling environment (alcoholism, neglect, severe verbal abuse, “No one will take u because no one loves you. You’re worthless. Etc” We know said Mother will not provide any monetary support and will continue to cash his SS as his legal guardian. After 6 months in these circumstances will we have grounds to petition for legal custody on grounds of abandonment? And is there any legal loop hole that will grant us the ability to file for custody IN AZ prior to 6 months?

Answer: Is there an existing custody (now called legal decision-making) order issued by a Colorado court?  If so, once the child is living in Arizona, you may want to transfer jurisdiction of the case to Arizona and ask for a modification of custody.  If you do so, the ex will have a right to respond and object.  You would benefit from consulting with a lawyer for advice on your best options.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is  $75 per  hour.  The telephone number is (866) 637-5341.  Both Maricopa and Pima Counties have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers its 30 minute consult with an experienced attorney for $40.  The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.