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

  • There is a court order in place for my ex-husband's parents to have monthly visitation with our children. My ex-husband is in prison and the grandparents (his parents) have not exercised their visitation for over 1 year. I show up with the kids every month at the court ordered meeting place and they never show. Do I have to keep going? Do I have to file and pay to officially cancel this visitation or by them not showing up for over a year does this cancel it? If so, what do I file?
  • I am being petitioned for grandparents rights by my estranged mother. What can I do?
  • how can a disabled person with limited income obtain legal counsel to visit his/her grandchild (raised by grandparents since birth)
  • I live in CA and my ex-daughter-in-law (living in Pima County)won't let me have any kind of relationship or communication with my grandchildren.My sons' divorce and custody was in Maricopa and custody was in Maricopa County.In which county do I file a petition in?I've already been given 2 different answers.Is this something that I can do myself, or will I need an attorney?Will my living in CA make a difference?I tried talking to a clerk and she must have been having a bad day, because she was actually quite rude.
  • Ok my son n his first baby mama when tto court the judge give him time with his son like tueaday n thursday from 2 to 5 n fridays over nite she never have follow those orders now sience he was a baby now he is 4 n he been living with me n his dad she have drop him off two months ago she dont call him or come see him ahe have two other kids but she dont do anything about my grandson i put him in school i get foodstamps for him in i clain him on my taxes my son ia going to California what can i do am scared she comes n takes him he said he dont want to go with his mom what can i do can u plz
  • I have 2 grandsons in separate foster homes. How do my wife and I get visitation rights.
  • If the childrens father rights were terminated does his parents still have rights to them can they still ask for visitation?
  • My granddaughter currently lives with her maternal grandfather (he has guardianship of her) The biological parents are NOT involved. Both have had drug addiction problems. When my son, granddaughters father, moved back home the guardian would not allow me to see my granddaughter. I was taking her every weekend for several months until I got a job over nights and every other weekend. Then I took her on my weekends off for over a yr. Shes always been part of my life. I believeI I contribute to her happiness and well-being. How do I get visitation rights?
  • I gave revocable guardianship to my mom when I moved out of state so the kids could finish that school year and I started my new job. Now that I have petitioned to revoke guardianship, she is suing me for custody. I am so far and not sure how to handle this.
  • I work at home and currently have Joint 50/50 decision-making and parenting time. If I continue to exercise my first right of refusal while the other party is working would that be helpful when going back to court post-decree to help get more time with the children?

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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

Pima County Courts Self Service Center

Arizona 2-1-1