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

  • My niece used drugs in the past, paid for her crimes with a jail time. Upon release she regained custody of her two boys. She cleaned up/turned her life around. She remarried and had a third child. Her mother having had the boys during her jail stay became too attached/ makes up complaints abuse even puts things in the boys. She speaks ill of my niece to the boys trying to make them resent their mother. The boys 5/7 want to be with their mom & brother. The grandmother claims abuse but only wants the two older children. She says she has grandparent rights forcing my niece to comply with her every wish. Does my niece have to let the grandmother continue to see the kids? It is causing the boys much confusion.
  • Hello, my son has a child with an ex girlfriend. 3 months ago the ex g/f dropped the child off with my son with no clothes,an extremely filthy diaper,no food, no toys,no bottle/sippy cup. nothing. my son is unable to care for him as my grandson has several serious medical issues steming from being born with only one enlarged kidney. My son has asked my husband and myself to take permanent custody of him since we can provide care, love and health insurance to have him medically taken care of. is this possible since there is no way to contact the childs mom? she has not been seen in 3 months
  • My wife is an adopted child, does that give my mother in law any rights? We currently have a 17 mo. old child together and are getting the finalization of a nasty divorce. The woman dislikes me and I feel she will negatively inflence my daughter.

  • Buy Kamagra Oral Jelly Online Safely

  • My 23 year old son was hit in a accident and passed away .He left a 3 year old daughter and I have had this little girl since birth 4 to 6 days a week daily .Her mother works and lived with me for the first 8 months of her life .My son also lived with me and remained with me even when they split .I have always provided for my grandaughter and she even has her own room here and because her mom and I were in a argument for her clearing out a armoire that had my private things in it after I requested her not to do so she now says I'll never see my grandaughter again. Do I have rights ?
  • my unwed son has 2year old that we have been sharing custody with the mothers parents.niether parent of child can take care of him so we share the responsibility. the mother and father have a drug problem and her parents now feel it is not safe for the child to be here.reason being because we knew of their daughters problem and did not tell them can we get that joint custody back again
  • What are my rights as a grandparent to see my grandchildren that are being kept from us by their parents.
  • I am being petitioned for grandparents rights by my estranged mother. What can I do?
  • IF MY DAUGHTERS GRANDMA IS THREATENING TO TAKE ME TO COURT FOR HER RIGHTS BECAUSE HER AND HER SON GOT INTO AN ARGUMENT AND IS NOW TAKING IT OUT ON ME. WHAT CAN I DO ? I NEVER HAD AN ISSUE W HER SEEING THE GIRLS UNTIL NOW THAT SHE IS MAD AT HER SON AND WANT TO TAKE MY DAUGHTERS AWAY FROM ME
  • 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.

STORIES

LegalLEARN

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

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
    Link

ORGANIZATIONS

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