QUESTION
How do I start the process of getting full custody?
Asked on Sep 27th, 2011 on Child Custody - Arizona
More details to this question:
My kids are 7 & 6. I raised the oldest by myself until she was 4 (youngest was with mother), at which time mother showed up, took the oldest & disappeared with both. I just finally found them. Mother has troubled life (and case pending with the child services), and this year, gave grandmother temp guardianship, and sent kids to grandmother. in another state. Mother has agreed to cooperate in giving me sole custody of children. What must we do to start this process?
10 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Go to the county courthouse and file a complaint for custody.
Answered on Jun 24th, 2013 at 12:34 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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File for disso or paternity. Draft a stipulation & order as to custody terms.
Answered on Oct 28th, 2011 at 1:21 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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The District Court Family Division has a self help center that may provide the necessary forms and provides some general legal information. My office is well-experienced in these matters and provides free consultations.
Answered on Oct 04th, 2011 at 2:09 PM
First you will need to file a Petition to Terminate the Guardianship in the same county that issued the Guardianship Order. Then, you need to file a Petition for Modification of Custody in the Superior Court in the county where the mother and the children reside. If the mother will cooperate in signing a Consent Order giving you primary physical and legal custody of the minor children this should be a relatively straight forward process. I can help you develop a good game plan to accomplish your goals. I would be happy to discuss things with you further in a complimentary and confidential consultation. Please find my contact information below.
Answered on Sep 28th, 2011 at 12:34 PM
Steven D. Dunnings
You need to hire an attorney. There are too many questions which need to be asked and answered in order to develop a strategy to pursue.
Answered on Sep 28th, 2011 at 12:20 PM
If she has agreed, and you have a prior court case number, a stipulation form can be completed to accomplish this and both of you sign and turn it in. If no prior case number, you can still do a stipulation, but you would also need to file a new action with the county that you live in to have a case number assigned and the stipulation signed as an order. This is for Wisconsin. If you are in another state, the process may be different. Also, even in WI, if there is a guardianship case for the grandmother, that would need to be terminated first.
Answered on Sep 28th, 2011 at 11:48 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You don't provide enough information to fully answer your question. Since you were apparently never married to the mother and there has never been any court order affecting the children and the parents' rights, that will be a necessary requirement. But since you don't say when/where/how "temporary guardianship" was given to an out of state grandparent, it would appear you will need to start legal action in the state where the children and grandparent are now living.
Answered on Sep 28th, 2011 at 7:24 AM
Gary Moore
You must file a complaint for custody in the appropriate place. You need to discuss this matter with an attorney.
Answered on Sep 28th, 2011 at 6:44 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You must file a custody petition in the state in which the children have resided for the past six months unless there is an existing custody order in another state.
Answered on Sep 28th, 2011 at 6:44 AM
If the two of you agree on a modification of the current orders, this can be completed most simply by having a stipulation that spells out all of the "new" arrangements and that the two of you sign, then submit to the judge for approval. I recommend you speak with an attorney regarding the particulars of your situation in case a different approach would be better.
Answered on Sep 28th, 2011 at 6:22 AM