What is the name of your state (only U.S. law)? Arizona
This is potentially a very detailed question. My sister-in-law (wife's sister) was the sole custodial parent of my niece. Father was not on birth certificate and has never met or spoken to the child (currently age 9). Father did take a paternity test about a year ago, and sister-in-law had been receiving child support for approximately the last year. Mother and child resided in Ohio. Father currently resides in Arkansas.
My sister-in-law was having some severe lapses in judgement, and my wife and I stepped in and asked her if we could take guardianship of my niece until she could get things together in her life. My sister-in-law agreed and my wife bought a plane ticket to go get my niece. In between the time the plane ticket was purchased and the travel date my sister-in-law suddenly died.
After the death, my wife and I decided that permanent guardianship of our niece was in her best interest. However almost immediately after the death, we were contacted by the biological father and he informed us that he had not given up parental rights and would seek custody. He also informed us that if we brought her back to AZ then he would seek kidnapping charges against us. After the funeral, we indeed brought our niece back to AZ. We were the closest living family members that were willing to take on the responsibility. When we got back to AZ, we filed legal guardianship paperwork in AZ.
My questions are: Are we in legal jeopardy for the kidnapping threat? What are the chances that the court would take her away from the family that she knows to send her to a man that she has never met? What should our next steps be?
This is potentially a very detailed question. My sister-in-law (wife's sister) was the sole custodial parent of my niece. Father was not on birth certificate and has never met or spoken to the child (currently age 9). Father did take a paternity test about a year ago, and sister-in-law had been receiving child support for approximately the last year. Mother and child resided in Ohio. Father currently resides in Arkansas.
My sister-in-law was having some severe lapses in judgement, and my wife and I stepped in and asked her if we could take guardianship of my niece until she could get things together in her life. My sister-in-law agreed and my wife bought a plane ticket to go get my niece. In between the time the plane ticket was purchased and the travel date my sister-in-law suddenly died.
After the death, my wife and I decided that permanent guardianship of our niece was in her best interest. However almost immediately after the death, we were contacted by the biological father and he informed us that he had not given up parental rights and would seek custody. He also informed us that if we brought her back to AZ then he would seek kidnapping charges against us. After the funeral, we indeed brought our niece back to AZ. We were the closest living family members that were willing to take on the responsibility. When we got back to AZ, we filed legal guardianship paperwork in AZ.
My questions are: Are we in legal jeopardy for the kidnapping threat? What are the chances that the court would take her away from the family that she knows to send her to a man that she has never met? What should our next steps be?