Grandparents' Rights Article


Grandparents’ Rights or Third Party Rights – Legal Decision-Making

Arizona Revised Statute 25-409 talks 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. There are four things the court will initially review:

1. The person filing the petition stands in loco parentis (Latin for ‘in the place of a parent’) 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.

4. One of the following applies:

 (a) One of the legal parents is deceased.

 (b) The child's legal parents are not married to each other at the time the petition is filed.

 (c) A proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.

 A third party must show clear and convincing evidence that awarding legal decision-making to a legal parent is not consistent with the child’s best interests.

 To read this statute in full: http://www.azleg.state.az.us/ars/25/00409.htm

You can often contact your county clerk for information on forms to file.

Comments:

QUESTIONS

  • 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?
  • 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!!!
  • 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.
  • 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.
  • 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
  • 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
  • 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?
  • 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 ?
  • How much does it cost to file a restraining order, and what rights do grandparents have?
  • If the childrens father rights were terminated does his parents still have rights to them can they still ask for visitation?

STORIES

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FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

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
    Link

ORGANIZATIONS

RELATED ARTICLES

Where to Find an Attorney for Specific Legal Advice

Grandparents’ Rights– Visitation

LINKS

Birth Certificates - Arizona Office of Vital Records

Maricopa County Judicial Branch

Pima County Courts Self Service Center

Arizona 2-1-1