In Arizona, “Consent Guardianship” allows parents to give legal authority over a child to a non-parent adult through their written consent, to become the legal guardian of a child. This method also allows immediate withdrawal of the consent and Guardianship authority.
Yes, legal guardianship can override parental rights in Arizona. The state recognizes the fundamental rights of a biological parent and has certain laws in place to protect those rights in situations where a legal guardian has physical custody, but the parent does not.
The Court appreciates your care of the child(ren). The guardianship will continue to remain active unless ordered by the court or the child turns 18.
This temporary custody order can last until a permanent agreement is reached or the court makes a final determination. It's crucial to work with an experienced family law attorney to ensure your and your children's best interests.
ARS §14-5104 provides: “A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to consent to marriage ...
To become a legal guardian in Arizona, you must file a petition with the court and attend a hearing. At the hearing, you must provide documentation to the court about the case. Only a judge can make someone a legal guardian. It must be shown that it is in the best interest of all parties involved.
To do that, your attorney will need to submit a petition for guardianship to the county probate court. File forms for temporary guardianship – once the court clerk has accepted the petition, you can submit the appropriate forms for a temporary guardianship.
What are the Steps to Being Appointed Guardian and/or Conservator in Arizona? File a petition with the Arizona Superior Court in the appropriate County; File the Affidavit of Proposed Appointee completed and signed by the proposed guardian and/or conservator, and notarized;
If nobody contests the guardianship or the petitioner's appointment, it may only take 1 – 2 months. If there are complications, it could take 3 – 4 months.