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  1. #1
    Join Date
    May 2009
    Location
    San Diego
    Posts
    8

    Default CPS and Temporary Guardianship

    My question involves guardianship in the State of: AZ

    It's convoluted but I will try to be succinct.

    Mother = suicide w/child in home.
    Father = out of state, history of domestic violence, alcoholic, dui etc. Never married to mother, involved with child from birth.

    Child = placed with friend of mother by CPS. (the friend who discovered the body, and evidently has been diagnosed with PTSD, and verbally recounts the event in front of the child and other family members - yikes.)

    There are several maternal family members that would like to have temp guardianship or temp custody (or whatever the right term is) of child until full custody is determined. They would also like to make sure that their visitation rights are preserved throughout the process, and even if/when child is permanently placed with father in another state.

    Their daughter/sister died a week and a half ago, and they have been prevented from seeing the child completely since the death, even though they were the daily/ regular family that the child interacted with since birth. Paternal father has told them not to attend CPS meetings/hearings, CPS has not been in contact with the maternal family (not returned calls etc) and I fear that the paternal family may be working on painting them out of child's life.

    Please advise.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,801

    Default Re: CPS and Temporary Guardianship

    Anybody who feels legally entitled to try to get guardianship should be talking to a lawyer. To put it mildly, it's not easy to try to take away somebody else's child.

    If denial of access continues for three or more months, the grandparent(s) have a statutory right to seek visitation (although that doesn't necessarily mean they'll get it):
    Quote Quoting Arizona Revised Statutes, Sec. 25-409. Visitation rights of grandparents and great-grandparents.
    A. The superior court may grant the grandparents of the child reasonable visitation rights to the child during the child's minority on a finding that the visitation rights would be in the best interests of the child and any of the following is true:
    1. The marriage of the parents of the child has been dissolved for at least three months.

    2. A parent of the child has been deceased or has been missing for at least three months. For the purposes of this paragraph, a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency.

    3. The child was born out of wedlock.
    B. The superior court may grant the great-grandparents of the child reasonable visitation rights on a finding that the great-grandparents would be entitled to such rights under subsection A if the great-grandparents were grandparents of the child.

    C. In determining the child's best interests the court shall consider all relevant factors, including:
    1. The historical relationship, if any, between the child and the person seeking visitation.

    2. The motivation of the requesting party in seeking visitation.

    3. The motivation of the person denying visitation.

    4. The quantity of visitation time requested and the potential adverse impact that visitation will have on the child's customary activities.

    5. If one or both of the child's parents are dead, the benefit in maintaining an extended family relationship.
    D. If logistically possible and appropriate the court shall order visitation by a grandparent or great-grandparent to occur when the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child. If a parent is unable to have the child reside or spend time with that parent, the court shall order visitation by a grandparent or great-grandparent to occur when that parent would have had that opportunity.

    E. A grandparent or great-grandparent seeking to obtain visitation rights under this section shall petition for these rights in the same action in which the parents had their marriage dissolved or in which the court determined paternity or maternity, or by a separate action in the county where the child resides if no action has been filed or the court entering the decree of dissolution or determination of paternity or maternity no longer has jurisdiction.

    F. All visitation rights granted under this section automatically terminate if the child has been adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply to the adoption of the child by the spouse of a natural parent if the natural parent remarries

  3. #3
    Join Date
    May 2009
    Location
    San Diego
    Posts
    8

    Default Re: CPS and Temporary Guardianship

    Thank you. I will relay the information to the family.

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