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 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.
  • Can an order to appear be filed before the petition is actually served?
  • My daughter has several psychological diagnosis' & gave birth to a premature son. She is not married & unsure who child's father is. The baby is in the NICU & mother does not fully understand the care guidelines given by NICU staff & doctors. Mother does not allow family access to the baby in the NICU as she does not trust her boyfriend's family. How can obtain a Medical Power of Attorney over the child as my daughter does not understand his needs & enforce visitation to the baby in the NICU? I fear for the baby's well being in his mother's lack of care & visitation at the NICU.
  • Bio daughter lived with a boyfriend. Daughter has 4 children, 3 are from this relationship. CPS got involved due to domestic violence. Daughter failed to comply with CPS and father got all the chn including the child that is not of this relationship. Can I file for custody of this grandchild since he is not the biological father and he beats on woman.
  • 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.
  • 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 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?
  • 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 23 year old son was hit in a accident and passed away .He left a 3 year old daughter and I have had this little girl since birth 4 to 6 days a week daily .Her mother works and lived with me for the first 8 months of her life .My son also lived with me and remained with me even when they split .I have always provided for my grandaughter and she even has her own room here and because her mom and I were in a argument for her clearing out a armoire that had my private things in it after I requested her not to do so she now says I'll never see my grandaughter again. Do I have rights ?
  • 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.

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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

Pima County Courts Self Service Center

Arizona 2-1-1