Grandparents' Rights Article


Grandparents’ Rights– Visitation

Arizona Revised Statute 25-409 C-H talks about grandparents visitation rights – where a court has granted the grandparents the right to visitation time with their minor grandchildren.

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 (Latin for “in the place of the parent”) visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the pending at the time the petition is filed.

If filing the petition, the petitioner (this may be the grandparents) must provide notice of the proceeding, including a copy of the petition and any affidavits or other attachments and serve the notice following all Arizona rules of family law procedure to all of the following:

1. The child's legal parents.

2. A third party who possesses legal decision-making authority over the child or visitation rights.

3. The child's guardian or guardian ad litem.

4. A person or agency that possesses physical custody of the child or claims legal decision-making authority or visitation rights concerning the child.

5. Any other person or agency that has previously appeared in the action.

All visitation rights granted under this statute automatically terminate if the child is adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply if the child is adopted by the spouse of a natural parent after the natural parent remarries.

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. 

If in Coconino: http://courts.yavapai.us/selfservicecenter/grandparent-visitation-petition/

In Maricopa:  https://www.superiorcourt.maricopa.gov/sscDocs/packets/drgv1.pdf

In Mohave: http://www.mohavecourts.com/court%20forms/Clerks%20Office/Grandparent%20Visitation/GRInstHowFillOutFormsReqCrtOrd-sc.pdf

In Pima: Ask the court clerk for the modification of third party and grandparent visitation forms.


Comments:

QUESTIONS

  • My daughter recently lost custody of her daughter to the father. I have lived w/my daughter and granddaughter most of my granddaughter's life. Currently my daughter is on supervised visits and I, nor my granddaughter's siblings get see her but about 2 hours a month. Until my daughter has completed her court orders to receive unsupervised visits, do I or my daughter's other 3 children have any rights with my granddaughter that was given to her father?
  • 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
  • how old is a child before he or she can speak for themselves about who they want and don't want to visit
  • Our duaughter will not let us see our 2 yr old granddaughter. This may sound petty, and it is. It stems from a year ago, when we told her and her husband that they had to move out of our house. They had been living with us For over a year, with no plans to move forward any time soon. They were taking advantage, and their pets and they were destroying our house. They had a new baby, and we took care of her while they worked, and we worked also.. The time came that we had to tell them to go, after our daughter became verbally abusive to me one day. Are their rights for us at all?
  • 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.
  • Will we be notified if question can not be answered. And how long to get response?
  • fmla for granchild with costidy
  • What are grandparents rights?
  • How do I get proction for my grandchilden when my son girl freind can provide a home for them. Son is in jail. we have guardianship of there first child do to drug abuse by monther. She is now living with a cousin and her family along with her sister and there family in one home.
  • Need Web site for forms grandparents visitation petition

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  • State Bar of Arizona
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    www.maricopabar.org
    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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