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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My nephew is 17 and has ran away from home in Arizona. His

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My nephew is 17 and has ran away from home in Arizona. His dad has been abusive to him, egging on fights, pushing him, etc. He just can't take it anymore. His grandpa on his mother's side has grandparents rights through court. He has about 8 mos. to go before he is 18. Will the police make him go home if his dad kicked him out? This is the second time his dad has done this. The first time he kicked him out and said he could live with his grandpa then changed his mind and told him no. He is pleading for help and does not want to return to his dads.
Thank you for your question. Please permit me to assist you with your concerns.


Has the grandfather already filed? If yes, when did the filing take place? Did the granfather request emergency guardianship?

Customer: replied 4 years ago.

yes legal rights were done in 2004 or 2005. Do you mean now with this situatioin or during grandparents rights orders??

Thank you for your follow-up.

I mean now, with this situation. Does the grandfather already have formal legal guardianship of the child from 2004, or does the father still hold custody and guardianship?

Customer: replied 4 years ago.

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


The father still has custody and guardianship with grandpa having visitation on holidays, every other weekend, etc.

Thank you for your follow-up.

Visitation is not the same as custody. Consequently the grandfather cannot legally keep the child with him and would instead be required to return him if the police end up getting involved. The grandfather must instead go to the courts ASAP and file for emergency guardianship. If granted, then the child does not have to return to the father and can instead remain with the grandfather until that order is revoked or he turns 18, whichever is earlier. Once he is 18, he can remain living wherever he wishes as he would be deemed a legal adult.

Good luck.

Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

where does the emergency guardianship need to be filed, where the child's residency is in arizona or his grandpa is in blythe, ca in Riverside county,

Thank you for your follow-up.

This would need to be filed in the county where the child resides, at least that is generally the best location to pursue it. While the grandparent could file it locally, the father (if he fights it), may be able to move it to the court closest to him.

Good luck.