questions & answers

Question: I am a single mother of 6 children. 4 of them belong to my first husband and the baby belongs to my last husband but the next to youngest does not have any contact with her father. He does not want to have anything to do with her. I have joint legel custody of all of the other children and would like to know what my mother can do to retain that custody or have legal visitation for herself should something happen to me, and become the legal guardian of my next to youngest child since she will have no one else to turn to?

Answer:

Please begin by reviewing the articles and questions on this website titled “Grandparent’s Rights” and “Visitation”.

A grandparent can petition the Family Court for custody, however, the Family Court is likely to give deference to the Juvenile Court and honor the custody decision. Grandparents are, however, entitled to visitation rights. The factors the court considers when determining the best interest of the child are listed under A.R.S. § 25-403. The court may consider giving joint custody to maternal and paternal grandparents if it is in the child’s best interest. For information about acquiring permanent guardianship please refer to Title 8 of the Arizona Revised Statutes. Specifically begin by reading Article 5 titled Permanent Guardianship under Chapter 10. 

 Family law issues are fact specific and can be very complicated. You may consider contacting an attorney who can assist you with your specific situation.