Grandparents' Rights
Articles and Info
Grandparents’ Rights– Visitation
Arizona Revised Statutes 25-409 C-H talks about grandparents visitation rights – where a court has granted the grandparents the right to visitation time with their minor grandchildren.
Grandparents’ Rights or Third Party Rights – Legal Decision-Making
Arizona Revised Statutes 25-409 talk 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.
Where to Find an Attorney for Specific Legal Advice
All legal service programs in Arizona differ, and their criteria for accepting cases vary as well. Find out what programs are available and where to go for assistance.
Related Questions
Question: my grandson lives in Az and I live in Texas. I want to bring him to Texas for two weeks. What state do I need to file in?
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Question: My 23 year old son was hit in a accident and passed away .He left a 3 year old daughter and I have had this little girl since birth 4 to 6 days a week daily .Her mother works and lived with me for the first 8 months of her life .My son also lived with me and remained with me even when they split .I have always provided for my grandaughter and she even has her own room here and because her mom and I were in a argument for her clearing out a armoire that had my private things in it after I requested her not to do so she now says I'll never see my grandaughter again. Do I have rights ?
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Question: My 1st husband passed away when my daughter was 2.I remarried and my daughter is 9 my husband now adopted her and they have a strong father and daughter bond .My 1st husbands parents are toxic.They haven't seen my daughter in 2 years she has no bond with them and forgot who they even are.The grandpa is a convicted child molester. Recently the grandmother threatened my husband saying if I don't stop airing dirty laundry she will file for supervised visitation rights.Can they get supervised visitation rights? Before my first husband passed he told his parents to stay away from his family .
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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!!!
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Question: Hello my nephews and nieces are in dcs custody they won’t transfer the case over to California for the grandmother they are saying it can take up to 6 months is there a way she can file for temporary custody to get them out of dcs care in Arizona and placed with the paternal grandmother in California ?
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Question: So, for the first year of my son's life, I lived with my mother while raising my son.Now he's 2 and he has only lived with me... and the father is not on the birth certificate.The fathers parents see my son when I can bring him... I only have Sunday and Monday off and my son has had a consistent routine with days at daycare, coming home to eat etc... Apparently I voiced my concern that I would like to go to church with my son for his firsttime with them and the grandparent stated he would go file for rights to have whatever time he wanted with my son including over weekends...Is that true?
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Question: Our duaughter will not let us see our 2 yr old granddaughter. This may sound petty, and it is. It stems from a year ago, when we told her and her husband that they had to move out of our house. They had been living with us For over a year, with no plans to move forward any time soon. They were taking advantage, and their pets and they were destroying our house. They had a new baby, and we took care of her while they worked, and we worked also.. The time came that we had to tell them to go, after our daughter became verbally abusive to me one day. Are their rights for us at all?
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Question: I want to Petition the court for Grandparent's visitation. The only closely related forms I can find all relate to cases that are already being and have been litigated to some degree or another. The kids' parents were never married and there has been no legal steps taken by either party for formal custody, support, etc. Do I need to just write my own petition and start from square one? As far as I can tell the Superior Court is the proper venue...I would hate to petition the wrong court! Thank you for your help.
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Question: My daughter and her son have lived with me and my husband since my grandson was born. the father of the baby left when he was 3 months old and moved back to his home state of KY. He did sign the birth certificate and my daughter is going for child support through the state, but the father does not call, visit or show any interest in my grandson. My question is, what would happen if my daughter became ill or passed away- by law does my grandson have to move to KY to live with a biological father he has never known or is there something I can do now for reassurance this baby won't be taken.
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Question: IF MY DAUGHTERS GRANDMA IS THREATENING TO TAKE ME TO COURT FOR HER RIGHTS BECAUSE HER AND HER SON GOT INTO AN ARGUMENT AND IS NOW TAKING IT OUT ON ME. WHAT CAN I DO ? I NEVER HAD AN ISSUE W HER SEEING THE GIRLS UNTIL NOW THAT SHE IS MAD AT HER SON AND WANT TO TAKE MY DAUGHTERS AWAY FROM ME
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Question: How much does it cost to file a restraining order, and what rights do grandparents have?
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Question: i need to establish my grandparenting rights to c.p.s. in AZ. i need to do this very soon for i have heard they (c.p.s.) may be planning to send my grandaughter to N.Y. to be with 'next of kin' her mother has stated the child has NO family here in AZ. truthfully she has more family here on my side (the fathers) than ever in N.Y. please help?!?!?!
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Question: where can I get petition forms to fill out and submit to the court so I can file for vistation.
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Question: I live in CA and my ex-daughter-in-law (living in Pima County)won't let me have any kind of relationship or communication with my grandchildren.My sons' divorce and custody was in Maricopa and custody was in Maricopa County.In which county do I file a petition in?I've already been given 2 different answers.Is this something that I can do myself, or will I need an attorney?Will my living in CA make a difference?I tried talking to a clerk and she must have been having a bad day, because she was actually quite rude.
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Question: can my grandmother take my phone if she doesn't pay for it.
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Question: I have been raising my grandsons for almost seven years and two weeks ago their mom took them out of my home and I'm now having very limited time to see them. I am lucky to get to see them one day a week She's not been there for financial assistance or anything else I have supported both boys since the older one turned six months old. He is seven and my other grandson is five. Do I have any rights to either joint custody or visiting rights at all?
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Question: My mother was served papers from the other Grandparent. I was never served since I don't live there anymore. The grandparent filed for grandparent rights and according to Family Court Case Information - Case History it says "DEFAULT/REGARDING PETITION FOR GRANDPARENT VISITATION". I was never served and just found out about it today. There were summons in May. What do I do now? I don't want it to go into default and her get what she wants.
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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?
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Question: As a grandparent what are the options for guardenship of our 18mon old grandson, Both biological parent have stated they have no intrest in parenting child. Can they be held finacially responciable until he turns 18.
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Question: My daughter will not let me see my grandson is there any way I can see him?
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Question: I'm 19 years old and I have full custody of my 5 year old daughter, I was planning of moving out to a different state with my boyfriend. My mother is threatening me saying she wants to take my daughter away from me, can she do that?
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Question: I want to file papers in family court to be able to visit with my Grand-kids witch I been supporting off and on 75% of the time my daughter is in rehab right now the kids CPS took them to Mesa and i can't see them alone nor take them to the store come to find out my daughter had told cps that I'm endangering the kid that I'm distort I can't take care of them she dose not want me to be with them. When ever she get upset with me she likes to tell stories. (last time she told her friends that she thru me down the stairs to get me out of the house!) Will I be doing the right thing filing??
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Question: My grandson is 5 and has spent most of his life in my custody. He states he hates going home because there isn't any food or the electricity is turned off. Mom has since had 3 other children, and the father is threatening to take them. My concern is he is being neglected. She can't keep a home, she's very transient, can't keep a job, and has a house of women who berate and verbally abuse my grandson. With me, he has consistency and structure. Every now and then mom wants him back, but it's only briefly. Is there any way for me to get guardianship I worry so much for him?
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Question: I have 2 grandsons in separate foster homes. How do my wife and I get visitation rights.
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Question: Ok my son n his first baby mama when tto court the judge give him time with his son like tueaday n thursday from 2 to 5 n fridays over nite she never have follow those orders now sience he was a baby now he is 4 n he been living with me n his dad she have drop him off two months ago she dont call him or come see him ahe have two other kids but she dont do anything about my grandson i put him in school i get foodstamps for him in i clain him on my taxes my son ia going to California what can i do am scared she comes n takes him he said he dont want to go with his mom what can i do can u plz
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Question: Will we be notified if question can not be answered. And how long to get response?
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Question: My son's girlfriend was pregnant. She was due Dec. 26. 2014. She said Baby was born & Died on March 10.2015. I have proof no child was born or died to her in the state of Arizona in 2014 or 2015... she sent a text with pics of Beautiful Healthy Baby Boy.. stating the cord wrapped around his neck. And that he didn't make it. My husband and i's first grandson. She States he was cremated that same day. We as a family would like to know. Where he is.
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Question: My son's girlfriend was pregnant. She was due Dec. 26. 2014. She said Baby was born & Died on March 10.2015. I have proof no child was born or died to her in the state of Arizona in 2014 or 2015... she sent a text with pics of Beautiful Healthy Baby Boy.. stating the cord wrapped around his neck. And that he didn't make it. My husband and i's first grandson. She States he was cremated that same day. We as a family would like to know. Where he is.
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Question: My daughter has several psychological diagnosis' & gave birth to a premature son. She is not married & unsure who child's father is. The baby is in the NICU & mother does not fully understand the care guidelines given by NICU staff & doctors. Mother does not allow family access to the baby in the NICU as she does not trust her boyfriend's family. How can obtain a Medical Power of Attorney over the child as my daughter does not understand his needs & enforce visitation to the baby in the NICU? I fear for the baby's well being in his mother's lack of care & visitation at the NICU.
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Question: Recently, my husband and i agreed to take in my niece and my great-niece. No my niece is being threatened by the baby's fathers mother for visitation rights. she claims my niece is holding the baby who is eight months old, hostage from her. This woman has never made a single attempt to come visit the child where she now lives. she refuses to accept my nieces offers of visits as long as my niece is there. She wants the baby and I'm afraid she will stop at nothing to take her away from my niece who hasn't done anything wrong.
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Question: My mother is threatening to take my son from me under grandparents rights. Even though my 6 month old son is well taken care of and has no threat of abuse whatsoever, I do not wish for my mother to see him for personal reasons. She still threatens to take home from me. Is he in the legal right to do so?
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Question: I have grandparent visitation but the mother is not following them. The father (my son) is deceased. What can I do to make sure she follows them? Thank you.
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Question: I am a grandparent I have paid for everything for granddaughter since the day she was born now my daughter says I have never done anything for her and says that I'm not her grandmother what court papers do I need to file to get visitation with my granddaughter
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Question: my daughter is mother to my grandson. She is an amazing mother. However, due to my grandson's father not committing to sharing parental responsibilities, I have provided an abundance of caregiving when my daughter is not available due to working etc. I absolutely don't mind however, it has financially affected my business and time. May I legally sue my grandson's father for childcare?
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Question: Hello, my son has a child with an ex girlfriend. 3 months ago the ex g/f dropped the child off with my son with no clothes,an extremely filthy diaper,no food, no toys,no bottle/sippy cup. nothing. my son is unable to care for him as my grandson has several serious medical issues steming from being born with only one enlarged kidney. My son has asked my husband and myself to take permanent custody of him since we can provide care, love and health insurance to have him medically taken care of. is this possible since there is no way to contact the childs mom? she has not been seen in 3 months
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Question: I have full legal sole custody of my daughter with her father having supervised visitation. He hasn't utilized his visitation in 6 months and hasn't paid child support in 3 years. His parents live in Delaware and visit every 1-2 years. I allow them to see my daughter but she is not comfortable going alone as she barely remembers them when she sees them. His parents are threatening to take me to court, do they have a case even though I let them see her but don't let them take her unsupervised? She is 6.
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Question: i would like to visit with my grand children but cps will not allow me to do so what can I do ? I need a lawyer can't afford one can't find anyone to help
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Question: i would like to visit with my grand children but cps will not allow me to do so what can I do ? I need a lawyer can't afford one can't find anyone to help
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Question: My husband and I have been married for 9 months and I am 7 months pregnant. My husband has a daughter from a previous relationship. His parents (my in-laws) have stated they plan to file for grandparents rights. I know they have no rights over our son since we are married, however will they lump both kids together or not since they have two different mothers? They will try for time for our son, I already know that. I guess my concern is will they get any time with him?
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Question: Can an order to appear be filed before the petition is actually served?
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Question: Need Web site for forms grandparents visitation petition
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Question: my grandsons mother is keeping my grandson away from him father my son wants to go into the army my husband ans i have him 80-90% of the time as grandparents what are our right, she does works and is 5 months pregent with 2 child that is not our sons our son has said that he would sign custody over to us what should we do what forms do we need to file
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Question: My wife's parents are a not good influence on our family and we have told them to stay away. They refuse, and have gone as far as just sitting on my front porch in the heat refusing to leave after being told to leave so many times it makes my head spin. They wont tell us but they have told (someone that wont be named) that they would seek a lawyer to see there grand kids. Do they have any right at all to do that? we are married and are doing great, except when they are around. were a little scared and need to know if there is anyway they could side step (us) the parents and get visitation.
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Question: who do i call if i have not gotten my child support payment in 2 weeks
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Question: I live in Maricopa County. I have 2 Grandsons living in Pima County to which I am being denied visitation by their Mother. My son has a current paternity case in Pima County. They were bever married. I would like to file for visitation. In which county should I file?
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Question: Can I file for grandparents' rights while the child is a dependent of the state by CPS?
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Question: I am being petitioned for grandparents rights by my estranged mother. What can I do?
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Question: I'm a grandma raising 3 granddaughters while my daughter and their dad is in prison am I eligable for cash benifits
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Question: My grandchildren were taken from their Mom by cps. A few years ago i did obtain my grand parent rights. Now, i am trying to get temporary guardianship of my grand children from cps. What do i need to do?
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Question: Would I be able to get visitation of my two children if they live in a diffrent city? They live with there grandparents and there mother live in the same city I live in.
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Question: my unwed son has 2year old that we have been sharing custody with the mothers parents.niether parent of child can take care of him so we share the responsibility. the mother and father have a drug problem and her parents now feel it is not safe for the child to be here.reason being because we knew of their daughters problem and did not tell them can we get that joint custody back again
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Question: if we court order to see my grand daughter and the mother is now holding her from coming over cause she got mad at the father wont let her come over she does this all the time its away of her getting back at him and hurting him she is selfish my grand daught adore he father.
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Question: My husband and I basically raised Our grandson for The first 3 1/2 years of his life. Then our son took our Grandson and moved out with a girlfriend. For the next two years we Would have him for 7 to 10 days at a time Then would go back with his father for a few days Then back to us. He started kindergarten about three months ago, So we got him on the weekends And would talk to him on the phone a couple times during the week .Our son and girlfriend got upset with us over something we said We have not seen our talk to him in a month and a half . Do I have any kind of legal visitation rights ?
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Question: I have established a visitation agreement with my daughters paternal grandmother (father side) and we have only had one visitation on Oct 5th. The last two visits she knew about a month before they were supposed to happen and the times. Both times she made an excuse as to why she couldn't make it at the very last minute and they were silly excuses(job for first excuse and 2nd can't find the place but she was across the street??)I feel that she is violating the order, what can I do?
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Question: My wife and I are being threatened with a grandparents rights suit I've have looked up many different things to see if my mother can even file our son was born less then a month before we were married which we did not intend to have happen but you don't control when the baby comes can she file anything
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Question: There is a court order in place for my ex-husband's parents to have monthly visitation with our children. My ex-husband is in prison and the grandparents (his parents) have not exercised their visitation for over 1 year. I show up with the kids every month at the court ordered meeting place and they never show. Do I have to keep going? Do I have to file and pay to officially cancel this visitation or by them not showing up for over a year does this cancel it? If so, what do I file?
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Question: If the childrens father rights were terminated does his parents still have rights to them can they still ask for visitation?
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Question: My grandson's mom died, dad-my son- was in prison. Baby was living with my ex-husband (step grandfather), and he said state makes inmates sever parental rights-pushed him to sign voluntarily so he could adopt. He said if I interfere State may place the boy for adoption by strangers and I was not even being considered as adoptive placement. CPS, Foster Care board and courts wouldn't call me back to confirm. Ex husband said if I interfere we lose the boy forever so I stopped. Son died last year. Exhusband will no longer let me see my grandson. I think he lied-manipulated us and State acted inappropriately
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Question: I recently filed to relocate myself and my son to California. After his father and I could not agree on the move, the case was given to the judge for decision and it was declined. According to our parenting plan, neither parent is allowed to take the child out of state for vacation. My mom, whom has helped me raise my son since age 1, is wanting him to visit but without his dad's approval he is not able to go. Would my mom be able to file for grand parent's rights? And would this allow for him to be able to travel to California for vacation? All advice appreciated.
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Question: Bio daughter lived with a boyfriend. Daughter has 4 children, 3 are from this relationship. CPS got involved due to domestic violence. Daughter failed to comply with CPS and father got all the chn including the child that is not of this relationship. Can I file for custody of this grandchild since he is not the biological father and he beats on woman.
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Question: We the grandparents have been involved in our 3 grandgirls lives for 12 years.our daughter has legal custody the father has not been for 10 1/2 of those he has parental rights but has not used them there have been some issues with my daughter and he filed for temp custody and decision making and will be filing for full custody 1 1/2 years ago he had the girls for 1 yr and we found out the stepmother was beating them with cords and belts now that he has temp custody is that enough to go to court and us try to get custody from them both
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Question: My mom's 3rd husband is calling and demanding visitation. He abuses my mom and she worships him. Last time I heard from my mom she disowned me and my family for wanting to just see her.Her husband is now calling every couple days threatening and harrassing us. He says that he just paid $100,000 on a house so he should have no problem suing us for visitation. I am afraid he has an inappropriate interest in my daughter. They've only seen her 2x's in her life, btw & my mom never even held her. They are both drug addicts & now they have the money & time to come after us. Any advice would be great!
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Question: My father has turned my girlfriend in to DHR on suspicision of child abuse of my son. I am a single parent with full custody of my son. My girlfriend lives out of state. My father has threatened to file for temporary custody unless I allow my son to stay with him until the case is closed. I do not have the funds to fight my father in court and felt I had no other choice. My son has been with my father for three nights now. I want to take him back home with me but does my father have the ability to take temporary custody and if so do I need a lawyer to deny him this?
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Question: I want to file for grandparents rights for my two grandkids. what papers do i need to file and can i do it myseld because I do have a limited income
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Question: My new grandson doesn't have my last name. He has my wife's last name and my son's wife's last name as hyphenated. Am i still considered a legal grandparent?
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Question: my husband and i are married,my parents are threatening me with a law suit for visitation when i have never withheld it before. i have been threatened by my brother who lives with them and dont want her alone with them what are my legal rights in arizona
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Question: What is the process i need to take to get visitation with my grandson. What papers do i need to file? Do i need a lawyer?
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Question: how can a disabled person with limited income obtain legal counsel to visit his/her grandchild (raised by grandparents since birth)
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Question: how old is a child before he or she can speak for themselves about who they want and don't want to visit
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Question: My son and both jail, the maternal grandmother was given custody of their two children by CPS. do I as the paternal grandmother have the right to file for custody? if so, what are my chances of getting custody?
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Question: My daughter's grandmother was granted visitation for 1 sunday a month, due to recent occurances, her father and i are wanting to go back to court and ask the judge to revoke her visitation rights. What do we need to file to get the correct hearing?
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Question: What are grandparents rights?
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Question: My daughter recently lost custody of her daughter to the father. I have lived w/my daughter and granddaughter most of my granddaughter's life. Currently my daughter is on supervised visits and I, nor my granddaughter's siblings get see her but about 2 hours a month. Until my daughter has completed her court orders to receive unsupervised visits, do I or my daughter's other 3 children have any rights with my granddaughter that was given to her father?
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Question: My niece used drugs in the past, paid for her crimes with a jail time. Upon release she regained custody of her two boys. She cleaned up/turned her life around. She remarried and had a third child. Her mother having had the boys during her jail stay became too attached/ makes up complaints abuse even puts things in the boys. She speaks ill of my niece to the boys trying to make them resent their mother. The boys 5/7 want to be with their mom & brother. The grandmother claims abuse but only wants the two older children. She says she has grandparent rights forcing my niece to comply with her every wish. Does my niece have to let the grandmother continue to see the kids? It is causing the boys much confusion.
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Question: My daughter is addicted to methap[hedomine and has temporaroly signed rights to me twice in the last 8 years ive had physical custody of my grandson. ive had him since age two hes now 10 and she wont give a notorized temp guardianship therefore i cant enroll him in wschool, cant obtain propper housing ,fiancial help ex... how do afford this im a widowed granmother with limited financial income but know that i provide much safer and loving atmospere than my daughter who basically abbandond my grandson what are my legal rights??? am I entiteled to help?? I want to retain custody of my Grandson .
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Question: How do I get proction for my grandchilden when my son girl freind can provide a home for them. Son is in jail. we have guardianship of there first child do to drug abuse by monther. She is now living with a cousin and her family along with her sister and there family in one home.
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Question: My son past away, I've cared for my grandaughter who is 18months for the past 8 mths. The living parent does not want to allow me time with my grandaughter, do I have rights?
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Question: What are my rights as a grandparent to see my grandchildren that are being kept from us by their parents.
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Question: I am not married to the father of my child do his parents get granparent rights to see the child.
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Question: My grandparents want to adopt me. I have lived with my grandparents in their house since I was 2. My mom recently remarried and I have not live with her from last july. She wants to move to another state. I feel my granparents are my parents. Can she force me to leave.
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Question: i have lived with my grandparents since i was 13. The reason of that is because my dad was abusive so they took me out of his house and put me with my grandparents. I am now 16 and want my licsense but my dad still has all of his parental rights. I want to know if i can take all his custody over me away from him. my grandpa is too scared to go to court against him..is there anyway i can??
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Question: I am about to become a grandmother in December ~ my first ~ my daughter-in-law is making statements that she does not possibly want their child to have my son's last name, but rather her maiden name. I am not sure where she is going with this scenario, but I suspect she is anticipating something that would separate relationships between us. Is there any law that would allow the child to not take on our family name. Please advise. Thank you.
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Question: My wife is an adopted child, does that give my mother in law any rights? We currently have a 17 mo. old child together and are getting the finalization of a nasty divorce. The woman dislikes me and I feel she will negatively inflence my daughter.
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Question: what type of rights do grandparents have if the grandkids have lived with their parents all their life and the grandparents have seen them all their life?
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Question: I have raised my grandaughter since she was six months and she is now 7 yrs old. My son lives with me and has legal guardianship over her. Her mother came and got her two days ago stating she now wants to raise her. What legal grounds do I have or what can I do to obtain guardianship over her?
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Question: I gave revocable guardianship to my mom when I moved out of state so the kids could finish that school year and I started my new job. Now that I have petitioned to revoke guardianship, she is suing me for custody. I am so far and not sure how to handle this.
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