Grandparents' Rights Article


Grandparents’ Rights or Third Party Rights – Legal Decision-Making

Arizona Revised Statute 25-409 talks about third party custody rights regarding minors – where someone other than the legal parent may petition the superior court for the legal decision making authority or the placement of a child. There are four things the court will initially review:

1. The person filing the petition stands in loco parentis (Latin for ‘in the place of a parent’) to the child.

 2. It would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making.

 3. A court of competent jurisdiction has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition pursuant to this section, unless there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health.

4. One of the following applies:

 (a) One of the legal parents is deceased.

 (b) The child's legal parents are not married to each other at the time the petition is filed.

 (c) A proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.

 A third party must show clear and convincing evidence that awarding legal decision-making to a legal parent is not consistent with the child’s best interests.

 To read this statute in full: http://www.azleg.state.az.us/ars/25/00409.htm

You can often contact your county clerk for information on forms to file.

Comments:

QUESTIONS

  • i need to establish my grandparenting rights to c.p.s. in AZ. i need to do this very soon for i have heard they (c.p.s.) may be planning to send my grandaughter to N.Y. to be with 'next of kin' her mother has stated the child has NO family here in AZ. truthfully she has more family here on my side (the fathers) than ever in N.Y. please help?!?!?!
  • Recently, my husband and i agreed to take in my niece and my great-niece. No my niece is being threatened by the baby's fathers mother for visitation rights. she claims my niece is holding the baby who is eight months old, hostage from her. This woman has never made a single attempt to come visit the child where she now lives. she refuses to accept my nieces offers of visits as long as my niece is there. She wants the baby and I'm afraid she will stop at nothing to take her away from my niece who hasn't done anything wrong.
  • my grandsons mother is keeping my grandson away from him father my son wants to go into the army my husband ans i have him 80-90% of the time as grandparents what are our right, she does works and is 5 months pregent with 2 child that is not our sons our son has said that he would sign custody over to us what should we do what forms do we need to file
  • We the grandparents have been involved in our 3 grandgirls lives for 12 years.our daughter has legal custody the father has not been for 10 1/2 of those he has parental rights but has not used them there have been some issues with my daughter and he filed for temp custody and decision making and will be filing for full custody 1 1/2 years ago he had the girls for 1 yr and we found out the stepmother was beating them with cords and belts now that he has temp custody is that enough to go to court and us try to get custody from them both
  • I have raised my grandaughter since she was six months and she is now 7 yrs old. My son lives with me and has legal guardianship over her. Her mother came and got her two days ago stating she now wants to raise her. What legal grounds do I have or what can I do to obtain guardianship over her?
  • my daughter is mother to my grandson. She is an amazing mother. However, due to my grandson's father not committing to sharing parental responsibilities, I have provided an abundance of caregiving when my daughter is not available due to working etc. I absolutely don't mind however, it has financially affected my business and time. May I legally sue my grandson's father for childcare?
  • I have grandparent visitation but the mother is not following them. The father (my son) is deceased. What can I do to make sure she follows them? Thank you.
  • What is the process i need to take to get visitation with my grandson. What papers do i need to file? Do i need a lawyer?
  • My mother is threatening to take my son from me under grandparents rights. Even though my 6 month old son is well taken care of and has no threat of abuse whatsoever, I do not wish for my mother to see him for personal reasons. She still threatens to take home from me. Is he in the legal right to do so?
  • Hello my nephews and nieces are in dcs custody they won’t transfer the case over to California for the grandmother they are saying it can take up to 6 months is there a way she can file for temporary custody to get them out of dcs care in Arizona and placed with the paternal grandmother in California ?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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RELATED ARTICLES

Where to Find an Attorney for Specific Legal Advice

Grandparents’ Rights– Visitation

LINKS

Birth Certificates - Arizona Office of Vital Records

Maricopa County Judicial Branch

Arizona 2-1-1

Pima County Courts Self Service Center