Grandparents' Rights

questions & answers

Question: I asked a question in Sep 2019 about being able to see my grandson. Daughter and her husband are still married and he is controlling her. What legal recourse do I have. PLEASE RESPOND AS IT HAS BEEN MONTHS SINCE I ASKED THIS QUESTION!!!

Answer:

The answer to your question is governed by Arizona Revised Statute, Section 25-409.  Part C of the statute states: Pursuant to section 25-402, subsection B, Paragraph 2, a person other than a legal parent may petition the superior for visitation with a child.  The superior court may grant visitation rights during the child's minority on a finding that the visitation is in the child's best interests and that any of the following is true:

1.  One of the parents is deceased or has been missing at least three months . . . .
 2. The child is born out of wedlock and the child's legal parents are not married to each other at the time the petition is filed .
 3. For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least 3 months.

If your daughter and the child's father are still married, the statute may not apply.  Talk to a lawyer and spell out all the circumstances.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • I asked a question in Sep 2019 about being able to see my grandson. Daughter and her husband are still married and he is controlling her. What legal recourse do I have. PLEASE RESPOND AS IT HAS BEEN MONTHS SINCE I ASKED THIS QUESTION!!!

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  • State Bar of Arizona
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  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
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