If my grandchildren’s mother was arrested and is a homeless alcohlic, can we take them out of state to where their father lives to be with him?

She is Navajo but does not live on the reservation. My son lives in another state and we wanted to take the kids to him. Can we legally do that? They are both very young and have no clue, however he has a place to live and is willing to take the kids. I just don’t want to get in trouble for taking them across state lines.

Asked on September 6, 2012 under Family Law, Arizona


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are wise to have second thoughts.  I think that what your son needs to do is to file an emergency petiton for custody of the children.  Courts make determinations "in the best interests of the children."   He can ask to move the children to where he lives.  You can also file an emergency petition on the same grounds.  I would not take them across state lines.  Get legal help.  Good luck.   

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