Legal Question in Disability Law in Arizona

The victem is deaf/suffers from minor mental illness and was railroaded by the state, child protective services stepped in and deemed the baby as dependant because the father was incarcerated at the time of the removal of the baby. There was no neglect or abuse involved, and the mother wants to marry the father but her court appointed attorney advises the mother if a relationship with the father persists the baby will never come home to the mother.

Asked on 8/12/09, 8:28 pm

1 Answer from Attorneys

Joan Bundy Joan Bundy Law

I am not really understanding why the mother would not be a good candidate to regain custody of the child, based solely on what the father does or doesn't do. If there were concerns about the mother neglecting or abusing the baby due to her mental illness that would be one thing. But it does not appear that is the case. I'm also not sure I understand why marrying or not marrying the father would be a factor in whether the mother would get the child, except that marriage is a possible factor in determining stability and financial capability. Why was the father incarcerated? What is his story? Thank you for giving me the chance to try to assist you. Best of luck!

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Answered on 8/18/09, 8:31 pm

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