Grandparents' Rights Article
Grandparents’ Rights– Visitation
Arizona Revised Statute 25-409 C-H talks about grandparents visitation rights – where a court has granted the grandparents the right to visitation time with their minor grandchildren.
The superior court may grant visitation rights during the child's minority on a finding that the visitation is in the child's best interests and that any of the following is true:
1. One of the legal parents is deceased or has been missing at least three months. For the purposes of this paragraph, a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency.
2. The child was born out of wedlock and the child's legal parents are not married to each other at the time the petition is filed.
3. For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months.
4. For in loco parentis (Latin for “in the place of the parent”) visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the pending at the time the petition is filed.
If filing the petition, the petitioner (this may be the grandparents) must provide notice of the proceeding, including a copy of the petition and any affidavits or other attachments and serve the notice following all Arizona rules of family law procedure to all of the following:
1. The child's legal parents.
2. A third party who possesses legal decision-making authority over the child or visitation rights.
3. The child's guardian or guardian ad litem.
4. A person or agency that possesses physical custody of the child or claims legal decision-making authority or visitation rights concerning the child.
5. Any other person or agency that has previously appeared in the action.
All visitation rights granted under this statute automatically terminate if the child is adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply if the child is adopted by the spouse of a natural parent after the natural parent remarries.
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.
If in Coconino: http://courts.yavapai.us/selfservicecenter/grandparent-visitation-petition/
In Maricopa: https://www.superiorcourt.maricopa.gov/sscDocs/packets/drgv1.pdf
In Pima: Ask the court clerk for the modification of third party and grandparent visitation forms.
Comments:
QUESTIONS
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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 ?
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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?
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My daughter will not let me see my grandson is there any way I can see him?
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My husband and I basically raised Our grandson for The first 3 1/2 years of his life. Then our son took our Grandson and moved out with a girlfriend. For the next two years we Would have him for 7 to 10 days at a time Then would go back with his father for a few days Then back to us. He started kindergarten about three months ago, So we got him on the weekends And would talk to him on the phone a couple times during the week .Our son and girlfriend got upset with us over something we said We have not seen our talk to him in a month and a half . Do I have any kind of legal visitation rights ?
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My daughter and her son have lived with me and my husband since my grandson was born. the father of the baby left when he was 3 months old and moved back to his home state of KY. He did sign the birth certificate and my daughter is going for child support through the state, but the father does not call, visit or show any interest in my grandson. My question is, what would happen if my daughter became ill or passed away- by law does my grandson have to move to KY to live with a biological father he has never known or is there something I can do now for reassurance this baby won't be taken.
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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??
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My daughter recently lost custody of her daughter to the father. I have lived w/my daughter and granddaughter most of my granddaughter's life. Currently my daughter is on supervised visits and I, nor my granddaughter's siblings get see her but about 2 hours a month. Until my daughter has completed her court orders to receive unsupervised visits, do I or my daughter's other 3 children have any rights with my granddaughter that was given to her father?
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Will we be notified if question can not be answered. And how long to get response?
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My mother is threatening to take my son from me under grandparents rights. Even though my 6 month old son is well taken care of and has no threat of abuse whatsoever, I do not wish for my mother to see him for personal reasons. She still threatens to take home from me. Is he in the legal right to do so?
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Need Web site for forms grandparents visitation petition
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