Legal Question in Family Law in Arizona
my son is divorced has 2 children 2 and 6 yo. he is getting ready to be sentenced for a DUI he signed custody over to x-wife who has remaried and husband is in military she is moving them to germany. currently she is living with new sister-in-law.saturday we recieved a call from the 6 yo that mom went to the bar to drink leaving both kids alone with a 10 yo cousin. child protective services and the police were notified. as of this time nothing has been done. what do we need to do to see that they are protected. since that time the mother will not let us talk to the children.
2 Answers from Attorneys
More information is needed to properly assist you. Is he going to jail for the DUI? Is that why he signed over custody of his children? Or was that at another time? How much time will he be in jail? Does he want custody rights with the children?
Grandparents' rights are not treated as primary compared to parents' rights, but you should still have the ability to communicate with and spend time with your grandkids unless a court orders otherwise.
It is not inherently improper for a 10-year-old to watch a 2 and 6 year old for a few hours if the 10-year-old is responsible.
Best of luck!
Your son should seek an Order preventing the relocation. If he is unwilling or unable to do so, you could file in either juvenile court or family court seeking custody of the child. BUT, we would need to know more to decide which court would be prefereable.
We can certainly help you consider and then pursue your options.
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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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