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

  • I am a grandparent I have paid for everything for granddaughter since the day she was born now my daughter says I have never done anything for her and says that I'm not her grandmother what court papers do I need to file to get visitation with my granddaughter
  • 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?
  • My son past away, I've cared for my grandaughter who is 18months for the past 8 mths. The living parent does not want to allow me time with my grandaughter, do I have rights?
  • 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?
  • 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.
  • 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 want to file for grandparents rights for my two grandkids. what papers do i need to file and can i do it myseld because I do have a limited income
  • My grandparents want to adopt me. I have lived with my grandparents in their house since I was 2. My mom recently remarried and I have not live with her from last july. She wants to move to another state. I feel my granparents are my parents. Can she force me to leave.
  • My mom's 3rd husband is calling and demanding visitation. He abuses my mom and she worships him. Last time I heard from my mom she disowned me and my family for wanting to just see her.Her husband is now calling every couple days threatening and harrassing us. He says that he just paid $100,000 on a house so he should have no problem suing us for visitation. I am afraid he has an inappropriate interest in my daughter. They've only seen her 2x's in her life, btw & my mom never even held her. They are both drug addicts & now they have the money & time to come after us. Any advice would be great!
  • my husband and i are married,my parents are threatening me with a law suit for visitation when i have never withheld it before. i have been threatened by my brother who lives with them and dont want her alone with them what are my legal rights in arizona

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