Grandparents' Rights

questions & answers

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

Answer:

The following is provided for informational purposes only and should not be construed as legal advice.  To determine how the law applies to your specific situation, you may wish to consult an attorney directly [http://azlawhelp.org/articles_info.cfm?mc=3&sc=24&articleid=129].

First, parenting time, as custody is referred to in Arizona, can only be set by the court.  The court will make a decision as to what is in the child’s best interests.  If parties can agree with one another about parenting time, that’s great, but in the event that they cannot the court will step in.  Under Arizona law, grandparents can petition for custody. In the State of Arizona, visitation for grandparents is governed by ARS 25-409 [http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00409.htm&Title=25&DocType=ARS].  The Maricopa County Superior Court self-service site [http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_group_9.asp] may give a general idea of the forms and process required in Maricopa County.  Please contact your local Superior Court [http://www.azcourts.gov/AZCourts/AZCourtsLocator.aspx], as different courts may require different forms and procedures.

Comments:

QUESTIONS

  • 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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  • State Bar of Arizona
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    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
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