Legal Question in Family Law in Arizona

Can a husband take custoty of a child that the wife had with another person.


Asked on 2/22/12, 3:36 am

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

A non-parent can only get legal custody of a child if that person can prove that it would be significantly detrimental to the child's physical, mental, emotional or moral well-being to be in the custody of either of the child's natural parents (this is a simplified explanation of the statute). A step-parent may be able to get court-ordered visitation with the spouse's child if the step-parent stands "in loco parentis" (in the shoes of a parent) to the child. I recommend you speak with an attorney to discuss the specific details of your situation.

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Answered on 2/22/12, 6:48 am
Rich Peters R.J. Peters & Assoc., P.C.

Was the child born during your marriage? Have you been raising the child as your own for a period of time? I would need to know more.

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 Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

R.J. 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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Answered on 2/23/12, 7:49 am


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