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
-
I am about to become a grandmother in December ~ my first ~ my daughter-in-law is making statements that she does not possibly want their child to have my son's last name, but rather her maiden name. I am not sure where she is going with this scenario, but I suspect she is anticipating something that would separate relationships between us. Is there any law that would allow the child to not take on our family name. Please advise. Thank you.
-
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?
-
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.
-
Hello my nephews and nieces are in dcs custody they won’t transfer the case over to California for the grandmother they are saying it can take up to 6 months is there a way she can file for temporary custody to get them out of dcs care in Arizona and placed with the paternal grandmother in California ?
-
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??
-
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 ?
-
Our 16 year old son became aggressive after a shopping outing and began beating up my wife taking her to the ground. We are wondering what legal options we have since the answer we are getting from all agencies is that we just have to deal with it and work it out ourselves. We are looking for help of any kind including juvenile detention or detainment in a health facility. I am afraid to leave the house if our son is there and afraid of what he might do in the middle of the night since he has uttered death threats.
Where to get Tramadol (ultram) without prescription?
-
Where to Buy Kamagra Online at the Best Price without Prescription?
-
My son's girlfriend was pregnant. She was due Dec. 26. 2014. She said Baby was born & Died on March 10.2015. I have proof no child was born or died to her in the state of Arizona in 2014 or 2015... she sent a text with pics of Beautiful Healthy Baby Boy.. stating the cord wrapped around his neck. And that he didn't make it. My husband and i's first grandson. She States he was cremated that same day. We as a family would like to know. Where he is.
-
i need to establish my grandparenting rights to c.p.s. in AZ. i need to do this very soon for i have heard they (c.p.s.) may be planning to send my grandaughter to N.Y. to be with 'next of kin' her mother has stated the child has NO family here in AZ. truthfully she has more family here on my side (the fathers) than ever in N.Y. please help?!?!?!
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
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
- Pio Decimo Center
View full description - Arizona Attorney General's Office (Prescott)
View full description - Information & Referral Services
View full description - Catholic Charities - Yavapai County
View full description - Volunteer Lawyers Program – DNA
View full description
