Grandparents' Rights

questions & answers

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

Answer: In the Arizona Revised Statute 25-402 section B, it states, “The following persons may request legal decision-making or parenting time under the following circumstances:
1.    A parent in any proceeding for marital dissolution, legal separation, annulment, paternity or modification of an earlier decree or judgment.
2.    A person other than a parent, by filing a petition for third party rights under section 25-409 in the county in which the child permanently resides.
In the ARS 25-409 section C, in pursuant of 25-402, it states, “A person other than a legal parent may petition the superior court 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 legal parents is deceased or has been missing at least three months. For the purposes of this paragraph, a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency.
2.    The child was 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 three months.
4.    For in loco parentis visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.

For your specific situation, please contact an attorney.

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QUESTIONS

  • 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

STORIES

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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