Question: can a grandparent adopt their grandchild before a non blood relitive
Answer:
The court will order custody according to the best interest of the child, as stated in Arizona revised statute 25-403. In Arizona, grandparents are given visitation rights under A.R.S. 25-409.
A.R.S. 25-415 covers custody by non-parent(s) and also instructs a non-parent on how to obtain custody. Part of the statute states: a child custody proceeding may be commenced in the superior court by a person other than a legal parent by filing a verified petition, or by filing a petition supported by an affidavit, in the county in which the child is permanently resident or is found. The petition shall include detailed facts supporting the petitioner's right to file the petition. Please refer to A.R.S. 25-415, the requirements for a non-parent to petition the court for child custody can be found in this statute.
Family law matters are very complex; thus, detailed legal advice provided by an attorney is helpful. For possible legal aid options, see this link.
June 29, 2011
Legal Services Corporation