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 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.
  • how old is a child before he or she can speak for themselves about who they want and don't want to visit
  • How much does it cost to file a restraining order, and what rights do grandparents have?
  • i have lived with my grandparents since i was 13. The reason of that is because my dad was abusive so they took me out of his house and put me with my grandparents. I am now 16 and want my licsense but my dad still has all of his parental rights. I want to know if i can take all his custody over me away from him. my grandpa is too scared to go to court against him..is there anyway i can??
  • 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.
  • My grandchildren were taken from their Mom by cps. A few years ago i did obtain my grand parent rights. Now, i am trying to get temporary guardianship of my grand children from cps. What do i need to do?
  • I want to Petition the court for Grandparent's visitation. The only closely related forms I can find all relate to cases that are already being and have been litigated to some degree or another. The kids' parents were never married and there has been no legal steps taken by either party for formal custody, support, etc. Do I need to just write my own petition and start from square one? As far as I can tell the Superior Court is the proper venue...I would hate to petition the wrong court! Thank you for your help.
  • 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.
  • what type of rights do grandparents have if the grandkids have lived with their parents all their life and the grandparents have seen them all their life?

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    Referral number 602-257-4434
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    www.pimacountybar.org
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RELATED ARTICLES

Where to Find an Attorney for Specific Legal Advice

Grandparents’ Rights– Visitation

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Birth Certificates - Arizona Office of Vital Records

Maricopa County Judicial Branch

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