What can I file to get legal guardianship of my step son if he lives with me and his mother and I have divorced. He has my last name but he is not biologically my son. His mom changed his last name to mine when we were married. She has allowed him to live with me but will not give me power of attorney. And she is still collecting chuld support & DES for him when he doesn't live with her. I pay for everything. Help
1 Answer from Attorneys
In the situation you are describing, I would feel confident in pursuing "Custody by a Non-Parent", which Arizona law allows. Does Mom visit? How long has the child been in your primary care? She could/should also be ordered to contribute financially.
Please come in soon. We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Paige or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/Rich J. Peters
Attorney at Law
1422 N. 2nd Street Suite 100
Phoenix, Arizona 85004