questions & answers

Question: My granddaughter currently lives with her maternal grandfather (he has guardianship of her) The biological parents are NOT involved. Both have had drug addiction problems. When my son, granddaughters father, moved back home the guardian would not allow me to see my granddaughter. I was taking her every weekend for several months until I got a job over nights and every other weekend. Then I took her on my weekends off for over a yr. Shes always been part of my life. I believeI I contribute to her happiness and well-being. How do I get visitation rights?

Answer:

Under the Arizona Revised Statutes 25-409 you may be entitled to grandparents rights.  Below is some of the statute that may apply.  You would have to file at your local superior court.  Go to:  http://www.azcourts.gov/familylaw

25-409. Third party rights

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.