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

  • 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.
  • What are grandparents rights?
  • Can I file for grandparents' rights while the child is a dependent of the state by CPS?
  • can my grandmother take my phone if she doesn't pay for it.
  • 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.
  • Need Web site for forms grandparents visitation petition
  • 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.
  • how old is a child before he or she can speak for themselves about who they want and don't want to visit
  • I'm a grandma raising 3 granddaughters while my daughter and their dad is in prison am I eligable for cash benifits
  • 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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