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

  • As a grandparent what are the options for guardenship of our 18mon old grandson, Both biological parent have stated they have no intrest in parenting child. Can they be held finacially responciable until he turns 18.
  • I want to Petition the court for Grandparent's visitation. The only closely related forms I can find all relate to cases that are already being and have been litigated to some degree or another. The kids' parents were never married and there has been no legal steps taken by either party for formal custody, support, etc. Do I need to just write my own petition and start from square one? As far as I can tell the Superior Court is the proper venue...I would hate to petition the wrong court! Thank you for your help.
  • my grandsons mother is keeping my grandson away from him father my son wants to go into the army my husband ans i have him 80-90% of the time as grandparents what are our right, she does works and is 5 months pregent with 2 child that is not our sons our son has said that he would sign custody over to us what should we do what forms do we need to file
  • i would like to visit with my grand children but cps will not allow me to do so what can I do ? I need a lawyer can't afford one can't find anyone to help
  • 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.
  • 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
  • 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 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.
  • where can I get petition forms to fill out and submit to the court so I can file for vistation.
  • Can an order to appear be filed before the petition is actually served?

STORIES

LegalLEARN

YOUR FEEDBACK IS NEEDED

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 or Third Party Rights – Legal Decision-Making

LINKS

Birth Certificates - Arizona Office of Vital Records

Maricopa County Judicial Branch

Arizona 2-1-1

Pima County Courts Self Service Center