questions & answers

Question: Our grandaughter has lived in our home since birth. Parents used to live with us, the moved out in March but did not take the baby. She is currently still living in our home, they have moved 3 different times since March. Mom is a minor she was arrested for domestic violence, but charges were dropped. Father was in jail for domestic violence too but charges were dropped. We provide for the baby and take care of her 95% of the time what is the chance of gaining custody?

Answer: There are a few avenues a person could take to gain custody of a child. A person could try to have the court terminate the parental rights of the parent and then seek adoption of the child, or a person could request to be the permanent guardian of the child. A guardian takes over the role of the parent. To become a guardian of a child the court will first look to see what the best interests of the child are concerning the potential guardianship. The child must also be decided by the court to be a dependent child and the child must live with the potential guardian for at least 9 months as a dependent child, however the court may waive the living with the guardian requirement for good cause. To establish guardianship, the termination of parental rights must not be in the best interest of the child and the likelihood that the child will be adopted must be low. (A.R.S. 8-871). For information on how to become a guardian of a child in Maricopa County, please visit: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/JuvenileCases/jg_jg1.asp