Legal Question in Family Law in Arizona

legal guardianship laws

I signed over legal guardianship to my brother in AZ, for insurance purposes only (or so he told me), while i went to rehab in MO. Once i completed my program,he told me i cant have them back. I've been here in MO for 2 years. Legal aid cant help me with even visitation because i dont live in AZ. I cant afford $2,500 for a lawyer in Phoenix. I basically got stuck out here without my children. There are 3. Ages 10, 5, 4. This cant be legal, it seems that there should be something I could do. Please help if you can. Thanks


Asked on 2/22/03, 3:36 pm

2 Answers from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: legal guardianship laws

I can certainly help you, and would anticipate that it could be a very simple and quick process (if everything is as you described). In Arizona, voluntary guardianships are easily terminated merely by revoking your consent. However, we also would need a retainer. I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

By the way, I have reviewed the response written to you by Missouri attorney Nack. I would disagree with his legal analysis and his rather scornful opinions. I am sure you had many good reasons to do what you did, and I am also sure, at least under Arizona law, that your brother is not in as strong a position as he thinks he is.

Please call me to discuss the specifics of your case, and how we may be able to help.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Read more
Answered on 2/24/03, 12:54 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: legal guardianship laws

I do not understand how you could "sign over" a legal guardianship of your children without understanding the legal consequences of your actions. Did you have legal counsel? If not, it is probably painfully obvious to you now that you should have. At this late date I do not believe that you are going to find any miracle answers and certainly not for free. Since the legal guardianship was in Arizona, that is where the matter will need to be litigated, and believe me that $2500.00 is a very reasonable retainer fee for an attorney to undertake this type of case. It is very likely that the total expense will exceed that figure by a fair amount. The botton line is that if you want your kids back bad enough you will come up with a way to afford the Arizona attorney and then you will give that person your utmost cooperation through what will probably be a lengthy and unpleasant legal ordeal with no guarantee of sucess. Good luck!

Read more
Answered on 2/22/03, 9:01 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona