questions & answers

Question: we are married, my wife and i had our differences, we were getting back together, and one day she got sick, and then passed away, but before that, we had 3 girls together, but now the grandmother says that I abandoned them, and was served with paperwork. do i still have the right to be their father, if we are still leagally married? I do have the right to go there with an officer and pick up my children.

Answer:

Your question does not state who is the legal guardian of the children.  If the grandmother is legal guardian of the children then you may want to look at  A.R.S. § 25-409 and A.R.S. § 25-415.  If she has been determined to be their legal guradian and that you have abandoned them the court may allow the grandmother to remain their guardian.  However, the law presumes that children are better served in a parent's custody than someone elses.

If you were married at the time the children were born than you also have a presumption of paternity. (A.R.S. § 25-814) If you were not married at the time but are the biological father of the children you may have to prove paternity through a paternity test before a court will grant parenting time or custody. (A.R.S. § 25-812)

A.R.S. § 25-408 Allows for non custodial parent to gain parenting time assuming that they meet the requirements of the statute.