Guardianship of Minor

questions & answers

Question: my mother has guardianship of my daughter and i need to establish visitation rights for myself and my husband for our divorce

Answer:

You may want to consult a lawyer to discuss the specific facts of your situation concerning child custody and parental rights. In this question, it does not state whether your mother has permanent or temporary guardianship of your daughter. Since family law can be very fact specific, you may want to speak with an attorney to find out how the law applies to your specific circumstances. The following is provided as general information only:

Generally, A.R.S. § 8-873 states the parent of a child may file a petition for the revocation of permanent guardianship if there is a significant change in circumstances. The statute has a list of what "significant change in circumstances" means. You may also wish to browse Title 8 of the Arizona Revised Statutes (A.R.S.) for more information regarding guardianship and custody.

Generally, a parent who is not granted custody of his or her child is still entitled to reasonable parenting time rights, formerly known as visitation rights, unless the court determines that this would cause physical, mental, emotional or moral harm to the child according to A.R.S. § 25-408.

To find forms at the local Arizona Superior Court, you can go to the Arizona courts locator on the Arizona Supreme Court's website. If you live in Maricopa County, the forms for guardianship can be found on the Maricopa County Superior Court Website.