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Question: I want to move out of state my 14 year old daughter is now living with her father how do I sign over guardianship to him I don't want to give up my rights I just want him able to make legal decisions because we have joint custody and I'm the primary patent

Answer:

AZLawHelp Question 22060

I want to move out of state my 14 year old daughter is now living with her father how do I sign over guardianship to him I don't want to give up my rights I just want him able to make legal decisions because we have joint custody and I'm the primary patent.

The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order. A.R.S. § 14-5204. Legal custody rights must be terminated or suspended in order to grant a request for guardianship.

Generally, the guardian will be responsible for the minor’s support and has the powers and responsibilities regarding his or her support, care and education. The guardian also manages the minor's financial assets, and has a duty to protect the child's interest with legal action. A.R.S. § 14-5209.

In the Alternative, modification of a custody order will also allow the non-custodial parent to be assigned physical placement of the child and legal custody. In order to modify an existing court order, either parent may request in writing to the court to modify. To change an existing order it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged.

A.R.S. § 14-5204: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/05204.htm&Title=14&DocType=ARS
A.R.S. § 14-5209: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/05209.htm&Title=14&DocType=ARS