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 daughter and her son have lived with me and my husband since my grandson was born. the father of the baby left when he was 3 months old and moved back to his home state of KY. He did sign the birth certificate and my daughter is going for child support through the state, but the father does not call, visit or show any interest in my grandson. My question is, what would happen if my daughter became ill or passed away- by law does my grandson have to move to KY to live with a biological father he has never known or is there something I can do now for reassurance this baby won't be taken.
  • My daughter's grandmother was granted visitation for 1 sunday a month, due to recent occurances, her father and i are wanting to go back to court and ask the judge to revoke her visitation rights. What do we need to file to get the correct hearing?
  • My grandson's mom died, dad-my son- was in prison. Baby was living with my ex-husband (step grandfather), and he said state makes inmates sever parental rights-pushed him to sign voluntarily so he could adopt. He said if I interfere State may place the boy for adoption by strangers and I was not even being considered as adoptive placement. CPS, Foster Care board and courts wouldn't call me back to confirm. Ex husband said if I interfere we lose the boy forever so I stopped. Son died last year. Exhusband will no longer let me see my grandson. I think he lied-manipulated us and State acted inappropriately
  • I have established a visitation agreement with my daughters paternal grandmother (father side) and we have only had one visitation on Oct 5th. The last two visits she knew about a month before they were supposed to happen and the times. Both times she made an excuse as to why she couldn't make it at the very last minute and they were silly excuses(job for first excuse and 2nd can't find the place but she was across the street??)I feel that she is violating the order, what can I do?
  • My wife and I are being threatened with a grandparents rights suit I've have looked up many different things to see if my mother can even file our son was born less then a month before we were married which we did not intend to have happen but you don't control when the baby comes can she file anything
  • where can I get petition forms to fill out and submit to the court so I can file for vistation.
  • 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
  • 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
  • My father has turned my girlfriend in to DHR on suspicision of child abuse of my son. I am a single parent with full custody of my son. My girlfriend lives out of state. My father has threatened to file for temporary custody unless I allow my son to stay with him until the case is closed. I do not have the funds to fight my father in court and felt I had no other choice. My son has been with my father for three nights now. I want to take him back home with me but does my father have the ability to take temporary custody and if so do I need a lawyer to deny him this?
  • My wife's parents are a not good influence on our family and we have told them to stay away. They refuse, and have gone as far as just sitting on my front porch in the heat refusing to leave after being told to leave so many times it makes my head spin. They wont tell us but they have told (someone that wont be named) that they would seek a lawyer to see there grand kids. Do they have any right at all to do that? we are married and are doing great, except when they are around. were a little scared and need to know if there is anyway they could side step (us) the parents and get visitation.

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