Question: My mom's 3rd husband is calling and demanding visitation. He abuses my mom and she worships him. Last time I heard from my mom she disowned me and my family for wanting to just see her.Her husband is now calling every couple days threatening and harrassing us. He says that he just paid $100,000 on a house so he should have no problem suing us for visitation. I am afraid he has an inappropriate interest in my daughter. They've only seen her 2x's in her life, btw & my mom never even held her. They are both drug addicts & now they have the money & time to come after us. Any advice would be great!
Answer:
This answer is for general information only. To see how the law applies to your specific case, please consult a lawyer. Please review ARS 25-409, which discuss grandparents’ rights. As this statute states, the court will consider visitation requests from grandparents if one of the following is true: the parents of the child have been divorced for at least three months, one of the parents of the child is deceased, or the child was born out of wedlock. In the event one of these criteria is met, the court will take into consideration factors such as “the historical relationship, if any, between the child and the person seeking visitation.”
Here is some more general information that may be helpful in response to many of the other concerns voiced in your question: Harassment is a crime and can be reported to the police. Any evidence that is provided may be helpful. The following Arizona Statutes discuss issues that may be pertinent to your case:
• Threats & Intimidation: ARS 13-1202
• Telephone Harassment: ARS 13-2916
• Harassment: ARS 13-2921
• Aggravated Harassment: ARS 13-2921.01
If there are concerns about domestic violence and abuse, The Arizona Coalition Against Domestic Violence provides a number of resources to victims and families.
May 24, 2012
Legal Services Corporation