Child Custody

questions & answers

Question: Mother has been extradited out of state. She is remarried. Natural father is deceased. Child does not want to stay with stepdad but he says she has to. Can the child go to grandparents while mother is in jail or does she have to stay with stepdad. He has not adopted child

Answer: I am assuming Arizona Child Protective Services is involved in this case.  Have you discussed the issue with the child's case worker and the guardian ad litem?  Those would be 2 good first steps.  The position Child Protective Services takes will depend on specific factors like the reason mom is incarcerated, how long she will be in custody, the living situation of the child and your living situation.  The age of the child also matters.  You will be best served to discuss your legal options with an attorney and provide all the facts of your case.  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 hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 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.

QUESTIONS

  • Mother has been extradited out of state. She is remarried. Natural father is deceased. Child does not want to stay with stepdad but he says she has to. Can the child go to grandparents while mother is in jail or does she have to stay with stepdad. He has not adopted child

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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