Legal Question in Family Law in Arizona

does being married to your partner give you legal guardianship over their child, even if the other parent is paying child support?


Asked on 11/08/11, 2:05 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Unless there are court orders to the contrary, a parent's rights are always superior to a non-parent's rights, regardless of whether child support is being paid. Legal guardianship by a third-party is something that must be granted by a court, and this generally is not done if there is a parent able and willing to care for the child.

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Answered on 11/08/11, 4:10 pm
Rich Peters R.J. Peters & Assoc., P.C.

No, it does not. There are recent Arizona cases which do indicate that a step-parent can seek visitation or custody rights upon divorce from the Father. BUT, during the marriage, you remain a step-parent.

If you wish to discuss further, 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 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 11/10/11, 9:18 am


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