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
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My son's girlfriend was pregnant. She was due Dec. 26. 2014. She said Baby was born & Died on March 10.2015. I have proof no child was born or died to her in the state of Arizona in 2014 or 2015... she sent a text with pics of Beautiful Healthy Baby Boy.. stating the cord wrapped around his neck. And that he didn't make it. My husband and i's first grandson. She States he was cremated that same day. We as a family would like to know. Where he is.
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Our duaughter will not let us see our 2 yr old granddaughter. This may sound petty, and it is. It stems from a year ago, when we told her and her husband that they had to move out of our house. They had been living with us For over a year, with no plans to move forward any time soon. They were taking advantage, and their pets and they were destroying our house. They had a new baby, and we took care of her while they worked, and we worked also.. The time came that we had to tell them to go, after our daughter became verbally abusive to me one day. Are their rights for us at all?
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Can I file for grandparents' rights while the child is a dependent of the state by CPS?
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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?
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I'm 19 years old and I have full custody of my 5 year old daughter, I was planning of moving out to a different state with my boyfriend. My mother is threatening me saying she wants to take my daughter away from me, can she do that?
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My new grandson doesn't have my last name. He has my wife's last name and my son's wife's last name as hyphenated. Am i still considered a legal grandparent?
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my grandson lives in Az and I live in Texas. I want to bring him to Texas for two weeks. What state do I need to file in?
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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.
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I live in Maricopa County. I have 2 Grandsons living in Pima County to which I am being denied visitation by their Mother. My son has a current paternity case in Pima County. They were bever married. I would like to file for visitation. In which county should I file?
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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
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