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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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I currently live in ohio and have been served with a Federal

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I currently live in ohio and have been served with a Federal Indictment, I have a minor son that I want to give temporary custody to my sister that lives in arizona, My sister has been reading on what to do, and found out that both parents are to be given notice, the only problem is the father is againest this and will try to contest this, tho his in incarcerated but will be getting out soon, How do I go around having his consent so my sister can gain custody
Submitted: 5 years ago.
Category: Family Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

His consent is not necessary. Keep in mind that there is a difference between getting notice and giving consent. Technically, if neither parent is able or willing to provide for the emotional and developmental needs of the child, the court does not need permission of either parent to grant custody to a non-parent through a guardianship. The father has the right to object to the proposed order, but he does not have the final say---the court does.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
Customer: replied 5 years ago.
In Arizona it states that if either parent objects that the temporary custody will not be granted, I understand he is in jail right now but he will be getting out soon. Plus he does not have the means to take care of a 2 year old child. So how would I go about this?
Expert:  Brandon M. replied 5 years ago.
That's not correct. I understand that you are in Ohio and your sister is in Arizona, but you have to distinguish between custody ordered through a family law order and the granting of a guardianship with custody rights. For your purposes, because you are looking for the family member to essentially assume 100% custody, a family law order would not cut it. You would need a guardianship order, which does not require consent of either parent.

Guardianships are awarded through the probate court (instead of the family court), so a petition for guardianship would need to be filed with the clerk of the probate court. The basic forms for a guardianship may be retrieved from the probate division of your courthouse upon request.
Customer: replied 5 years ago.
My sister is online reading the Superior Court of Maricopa County, and if only one parent( which is me) has signed over the guardianship papers my sister would have to prove that she did everything in her power to notify the father of the child, do you need the website that she is reading that tells her the law and the statue?
Expert:  Brandon M. replied 5 years ago.
I am not sure if we are having trouble communicating. Notifying the parent is not the same as needing the parent's consent. It is absolutely true that the parent wanting to grant a guardianship must notify the other parent of the proposed guardianship, but that is not the same as needing that parent's consent. You can notify the parent, the other parent can object, and the court can still grant the guardianship. Do you see anything that says to the contrary?
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