Who gets custody of my niece after death of sole custodial parent?

[Zigner]

Yes, before we picked up the my niece from Ohio, we consulted with an attorney who works for a state agency that provides legal aid for child advocacy. My wife was given the contact info of the office through a professional acquaintance. She was the one that advised us to file for guardianship in AZ and have my niece's father served with the paperwork. She provided guidance on what paperwork we needed to file, and where to file. However our income is too high to make full use of the services of the office she works for.

I'm amazed. I know of one attorney who would LOVE to know who advised you to do that...

 

[LdiJ]

Arkansas would care if there is a criminal warrant for the aunt and uncle out for kidnapping and may care even about the lesser misdemeanor.

If a crime happened it did not happen in Arkansas. I don't even think it happened in Ohio because they could not just leave the child there. Dad wasn't there to get the child. I think that if a crime ends up being committed it will happen in AZ.

If it is the former the FBI may show up at the OPs house today.

Seriously, its NOT anywhere near that point yet. Dad hasn't even tried to pick up the child...and Ohio is just as far away from Arkansas as Arizona is. Dad cannot claim that they kidnapped the child when dad has not made any effort to retrieve the child.
Dad won't even be able to provide anyone a picture of the child.

 

[LdiJ]

If a crime happened it did not happen in Arkansas. I don't even think it happened in Ohio because they could not just leave the child there. Dad wasn't there to get the child. I think that if a crime ends up being committed it will happen in AZ.



Seriously, its NOT anywhere near that point yet. Dad hasn't even tried to pick up the child...and Ohio is just as far away from Arkansas as Arizona is. Dad cannot claim that they kidnapped the child when dad has not made any effort to retrieve the child.
Dad won't even be able to provide anyone a picture of the child.

Look, I understand why everyone is so passionate about the issue, even I am but my passion leans towards the child rather than dad. But, the bottom line is that if there are going to be any criminal issues arising from this the OP needs to get a consult with an attorney local to them, and completely disregard ANY opinion from ANYONE here.

 

[adjusterjack]

Yes, before we picked up the my niece from Ohio, we consulted with an attorney who works for a state agency that provides legal aid for child advocacy. My wife was given the contact info of the office through a professional acquaintance. She was the one that advised us to file for guardianship in AZ and have my niece's father served with the paperwork. She provided guidance on what paperwork we needed to file, and where to file.

Just what little bit of information did you give that lawyer that elicited the advice to file for guardianship?

Did you tell that lawyer that your goal was to keep the child despite the father's rights that you so obviously want to step on?

 

[Zigner]

Look, I understand why everyone is so passionate about the issue, even I am but my passion leans towards the child rather than dad. But, the bottom line is that if there are going to be any criminal issues arising from this the OP needs to get a consult with an attorney local to them, and completely disregard ANY opinion from ANYONE here.

LdiJ - why do you believe the child is at risk by being with her father? Sure, there will be a short (likely very short) period of adjustment...but how is that harmful in the big picture?

 

[Zigner]

Dad cannot claim that they kidnapped the child when dad has not made any effort to retrieve the child.

Since when did that become a necessary element in kidnapping? (And, I'm on your side on this one...I don't see this as a kidnapping case.)

Dad won't even be able to provide anyone a picture of the child.

Do you have some inside line that the rest of us don't have? Frankly, we have NO real idea of what the dad's relationship with the child was, except for what we have been told by out-of-state relatives who already had a very poor opinion of the mother.

 

[CTU]

Look, I understand why everyone is so passionate about the issue, even I am but my passion leans towards the child rather than dad. But, the bottom line is that if there are going to be any criminal issues arising from this the OP needs to get a consult with an attorney local to them, and completely disregard ANY opinion from ANYONE here.

Yours included.

 

[YOLO]

Just what little bit of information did you give that lawyer that elicited the advice to file for guardianship?

Did you tell that lawyer that your goal was to keep the child despite the father's rights that you so obviously want to step on?

I did not share anything here that I did not share with the attorney with whom we consulted.

 

[LdiJ]

Yours included.

Yes, mine included, other than to consult with a local attorney.

 

[YOLO]

Based on the advice of those who commented, we setup a consultation with an Arizona attorney for this afternoon. We will further act based on the advice she gives us. Thank all who commented for your time and opinions even if it wasn't exactly what I wanted to hear.

 

[Ohiogal]

I'm amazed. I know of one attorney who would LOVE to know who advised you to do that...

That attorney who works for a child advocacy agency is an idiot.