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Question: We had custody of our grandchildren after their parents were arrested. Our son went to prison for 5 years. She was let go but she was charged with neglect. She completed her classes including drug rehab. As soon as she got the boys back she cut off all communication with us.My son has not talked to or seen his sons in five months.Police records show both parents were at fault.We have spent over $60K we can not afford to hire an other attorney. What can we do?

Answer: The Grandparent's Rights laws are very specific as to what can or can't be done.  ARS 25-409 states: A. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for legal decision-making authority or placement of the child. The court shall summarily deny a petition unless it finds that the petitioner's initial pleading establishes that all of the following are true:

1. The person filing the petition stands in loco parentis to the child.

2. It would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making.

3. A court of competent jurisdiction has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition pursuant to this section, unless there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health.

4. One of the following applies:

(a) One of the legal parents is deceased.

(b) The child's legal parents are not married to each other at the time the petition is filed.

(c) A proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.

As this site only gives general information, you may wish to speak with an attorney regarding any specific questions.

 

QUESTIONS

  • We had custody of our grandchildren after their parents were arrested. Our son went to prison for 5 years. She was let go but she was charged with neglect. She completed her classes including drug rehab. As soon as she got the boys back she cut off all communication with us.My son has not talked to or seen his sons in five months.Police records show both parents were at fault.We have spent over $60K we can not afford to hire an other attorney. What can we do?

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