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 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
  • 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?
  • 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
  • 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.
  • 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.
  • 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?
  • 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!!!
  • 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.
  • fmla for granchild with costidy
  • 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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FIND LEGAL HELP

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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
    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

Arizona 2-1-1

Pima County Courts Self Service Center