questions & answers

Question: MY DAUGHTER WHOM IS 20 HAD A BABY 2 YRS AGO. THE FATHER IS LISTED ON THE BIRTH CERTIFICATE. THEY WERE NEVER MARIED. I'AM THE GRANDFATHER. I TAKE CARE OF HIM 3-4 DAYS PER WEEK. HIS FATHER CARES FOR HIM ABOUT 2-3 DAYS PER WEEK AND MY DAUGHTER CARES FOR HIM ABOUT ONCE PER WEEK. I WOULD LIKE TO SEEK LEGAL CUSTODY OF HIM. REASONS INCLUDE THE LACK OF INTREST MY DAUGHTER HAS IN HIM AND THE FACT THAT THE FATHER IS BIPOLAR AND FREQUENTLY IS UNSTABLE. PLEASE HELP!

Answer:

Information regarding child custody by a non-parent can be found on AZLawHelp.org under the article, "Things You Should Know About Custody and Parenting Time." That article states: "Can a person other than a parent have custody?" Yes. The law provides that a person who stands in loco parentis to a child may ask the court for custody (or parenting time). To be in loco parentis a person must have been treated as a parent by the child and have formed a meaningful parental relationship with the child for a substantial period of time. There are other requirements that must be met before a request may be made to the court. One of the child's parents must be deceased, the child's legal parents must be unmarried, or a court case for divorce or legal separation between the legal parents must be pending (see Arizona Revised Statutes section 25-415).

For information on grandparents' rights, see the grandparents' rights section of this site.

If children are subject to neglect or abuse, contact Child Protective Services at 1-888-767-2445 or call 911 for emergencies.