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Author Topic: Mom has lost custody but Arizona is making me fight for my daughter.  (Read 2546 times)

Spaceman1982

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Re: Mom has lost custody but Arizona is making me fight for my daughter.
« Reply #10 on: Oct 11, 2011, 10:06:12 PM »


You're certain of that?


Honestly, this scenario is not unique.  And I ran it by a CASA, a GAL, and an attorney - these are their answers.
So ummm yeah, I'm fairly certain....

A judge will not take a child away from the family that it knows and give it to a person they don't know at all.  Regardless of biology.

There is also the fact that dad is out of state.  According to an attorney:
"If the state removes the child they are LEGALLY NOT ALLOWED to place the child with someone in another state without an INTERSTATE COMPACT being completed and approved by the other state. Unless and until that happens, the child will NOT be placed with someone in another state by a state agency. They can NOT do that under the law. If they did, the agency doing the placement could find themselves in major trouble legally.   An interstate compact could take several months to complete."

Best dad can hope for right now is a visitation schedule w/ an introductory period... 

 
Well since the support order is from Cali, means Cali has home field advantage. Unless they are willing to give up that right. And I would assume the argument could easily be made that GREAT grandparents are getting to a age where they could become unsuitable physically to raise child.
 
and I can use a Karma button as well.


txmom702

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Re: Mom has lost custody but Arizona is making me fight for my daughter.
« Reply #11 on: Oct 13, 2011, 01:13:36 PM »



You're certain of that?


Honestly, this scenario is not unique.  And I ran it by a CASA, a GAL, and an attorney - these are their answers.
So ummm yeah, I'm fairly certain....

A judge will not take a child away from the family that it knows and give it to a person they don't know at all.  Regardless of biology.

There is also the fact that dad is out of state.  According to an attorney:
"If the state removes the child they are LEGALLY NOT ALLOWED to place the child with someone in another state without an INTERSTATE COMPACT being completed and approved by the other state. Unless and until that happens, the child will NOT be placed with someone in another state by a state agency. They can NOT do that under the law. If they did, the agency doing the placement could find themselves in major trouble legally.   An interstate compact could take several months to complete."

Best dad can hope for right now is a visitation schedule w/ an introductory period... 


Well since the support order is from Cali, means Cali has home field advantage. Unless they are willing to give up that right. And I would assume the argument could easily be made that GREAT grandparents are getting to a age where they could become unsuitable physically to raise child.

and I can use a Karma button as well.

 
Uhhh Not exactly - child support was done in CA, BUT custody/visitation was never established. Therefore, jurisdiction would be in the state of the CHILD - which is obviously AZ.  Besides - AZ CPS is involved, so it's a moot point - AZ CPS is basically the boss right now....   
Not sure what a karma button is, but have at it...

Davy

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Re: Mom has lost custody but Arizona is making me fight for my daughter.
« Reply #12 on: Oct 16, 2011, 10:05:16 PM »
Raybag ... have you pursued any particular action(s) in this matter ??

 

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