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

  • Need Web site for forms grandparents visitation petition
  • Will we be notified if question can not be answered. And how long to get response?
  • 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?
  • We the grandparents have been involved in our 3 grandgirls lives for 12 years.our daughter has legal custody the father has not been for 10 1/2 of those he has parental rights but has not used them there have been some issues with my daughter and he filed for temp custody and decision making and will be filing for full custody 1 1/2 years ago he had the girls for 1 yr and we found out the stepmother was beating them with cords and belts now that he has temp custody is that enough to go to court and us try to get custody from them both
  • 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.
  • 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 we court order to see my grand daughter and the mother is now holding her from coming over cause she got mad at the father wont let her come over she does this all the time its away of her getting back at him and hurting him she is selfish my grand daught adore he father.
  • My daughter's grandmother was granted visitation for 1 sunday a month, due to recent occurances, her father and i are wanting to go back to court and ask the judge to revoke her visitation rights. What do we need to file to get the correct hearing?
  • 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
  • what type of rights do grandparents have if the grandkids have lived with their parents all their life and the grandparents have seen them all their life?

STORIES

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