The Superior Court's website in Maricopa County has many useful forms for people representing themselves in court. The family law category of forms is the most impressive, with forms for divorce, annulment, legal separation, child support, spousal maintenance, alimony, temporary orders, custody/legal decision making, parenting time, and many other topics. I do not particularly like the forms because they are too long, sometimes don't make much sense, and lack flexibility, but they are far better than the alternative of not submitting anything at all, or someone with no legal background or training attempting to write court filings. If you decide to use the court's forms, my advice is to do so with the advice of an experienced lawyer. However, if you are using the forms, it is probably because you cannot afford a lawyer. In that case, be very careful about what you sign and submit to the court. Do not be afraid to cross out requests in the form that you do not want to make.
Aside from forms for family law, the court's website has many useful forms for probate, juvenile law, civl law, and powers of attorney. The court has sufficient probate forms to complete an entire informal probate from beginning to end, juvenile court forms sufficient to complete a voluntary guardianship, and four powers of attorney sets of forms (general power of attorney, special power of attorney, parental power of attorney, and revocation of power of attorney). The court also provides detailed instructions for its forms.
Again, my usual advice is to hire an attorney because attorneys have experience, are familiar with the judges, have an emotional detachment to your case, and know the potential pitfalls. However, sometimes doing something on your own is better than doing nothing and the reality is that not everyone can hire an attorney.
This is the link to the Maricopa County Superioe Court's forms (Self Service Center): http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/
What is the difference between guardianship and adoption? There are two key differences that have far-reaching consequences. First, adoption is permanent and guardianship is not quite permanent (even when called "permanent"). Second, in an adoption the birth parents become legal strangers to the child while the adoptive parents become the legal parents as if they had given birth to the child. In a guardianship, the birth parents still have parental rights and the guardian or guardians are not considered the child’s parents.
In an adoption, the birth parents have no rights or responsibilities. The adoptive parents have all rights and responsibilities that once belonged to the birth parents. For example, if the adoptive parents divorce, the family court will have to decide legal decision making, parenting time, and child support between the adoptive parents as if the child were their natural child. Adoption is a life-long, permanent relationship. The adoptive parent decides the child’s legal name, which is usually the adoptive parents’ name. The birth parents do not have the right to have any contact with the child. Therefore, the adoptive parents decide whether the birth parents will have contact with the child.
In a guardianship, the parents usually retain their parental rights. The guardian has the responsibility and right to the child’s care, custody, and supervision. The guardian acts under the juvenile court’s supervision, and must make regular reports to the court, unlike in an adoption. A guardianship is not permanent, and the juvenile court may transfer or terminate the guardianship. The parents may have visitation rights (unless the court orders otherwise) and may still make some decisions, such as religious training, but the guardian will make most other decisions, such as education, health, welfare, and most other decisions. The child will usually keep his or her name and the parents may ask the juvenile court to terminate or transfer the guardianship.
In an adoption, the child (and the child’s descendants) has the same rights to inheritance as children naturally born to the parents. If the parents dies without a will, the adopted child and the adopted child’s children are treated as if the adopted child were born to the parents. If there is a valid will, the will establishes the adopted child’s inheritance rights just like children naturally born to the deceased. The child does not have the right to inherit from the birth parents and the birth parents do not have the right to inherit from the child (unless, of course, the birth parents have named the child as a beneficiary in a valid will or vice versa). Also, adoption assistance continues after the adoptive parents’ deaths or after the juvenile court terminates the adoptive parents’ rights.
In a guardianship, the child is not treated as the guardian’s child for inheritance purposes. The child is still the child of the parents. The child has no right of inheritance from the guardian unless through a valid will. Also, a guardianship subsidy ends upon the death or incapacity of the guardian. Finally, if the child dies, the parent has the rights to claim the body.
Thomas A. Morton is an Arizona adoption and guardianship lawyer. Adoptions and guardianships are one of the most rewarding areas of my practice because I am really helping a child.
Thomas A. Morton, P. L. L. C.
2916 N. 7th Avenue, Suite 100
Phoenix, Arizona 85013
If you have a legal issue but aren't sure how to handle it, call Thomas A. Morton, Attorney.
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All information on this website is not, and is not intended to be, legal advice. You should consult an attorney for advice regarding your individual situation, as each case is different and contains different facts. I invite you to contact me and welcome your calls, letters and e-mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information until you establish an attorney-client relationship with me.
Attorney Thomas A. Morton is located in Phoenix, Arizona, and serves clients throughout Maricopa County, including Tempe, Mesa, Scottsdale, Glendale, Peoria, Gilbert, Chandler, Goodyear, Surprise, Avondale, Cave Creek, Carefree, New River, Anthem, Black Canyon City, Sun City, Laveen, Buckeye, Goodyear, Litchfield Park, Tolleson, Youngtown, Queen Creek, Guadalupe, Fountain Hills, Paradise Valley, Wickenberg, Apache Junction, and El Mirage.