questions & answers

Question: This problem is strange. My daughter's ex-sister-in-law is demanding to have personal phone calls and visits with my 15 yr. old granddaughter and is usurping my daughter's parental authority. My daughter has informed her ex-sister-in-law she is forbidden any further personal contact with my granddaughter. The ex-sister-in-law lashed out saying she was taking my daughter to court. This woman is ludicris in thinking a legal case could ever get started. My daughter is a wonderful responsible mother and my granddaughter is having teenage tantrum issues. Question: Is this a legal case at all?

Answer: Below is from an article on AZLawHelp entitled "Grandparents Rights Article"

Arizona Revised Statutes 25-409 talks about third party custody rights regarding minors – where someone other than the legal parent may petition the superior court for the legal decision making authority or the placement of a child. There are four things the court will initially review:

1. The person filing the petition stand in loco parentis (Latin for ‘in the place of a parent’) 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.

 A third party must show clear and convincing evidence that awarding legal decision-making to a legal parent is not consistent with the child’s best interests.

 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.

To answer your question, it may be legal, depending on the circumstances.  You may want to speak with an attorney.