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 Mohave: http://www.mohavecourts.com/court%20forms/Clerks%20Office/Grandparent%20Visitation/GRInstHowFillOutFormsReqCrtOrd-sc.pdf

In Pima: Ask the court clerk for the modification of third party and grandparent visitation forms.


Comments:

QUESTIONS

  • my grandson lives in Az and I live in Texas. I want to bring him to Texas for two weeks. What state do I need to file in?
  • 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.
  • 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
  • Can an order to appear be filed before the petition is actually served?
  • can my grandmother take my phone if she doesn't pay for it.
  • 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
  • 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 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?
  • 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!
  • I have 2 grandsons in separate foster homes. How do my wife and I get visitation rights.

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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
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    866-553-0893
  • Certified Legal Document Preparer Program
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