questions & answers

Question: 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.

Answer: A third party may have a reason to claim a right as a custodian if they can show the court that they would better serve in the best interest of the child rather than the person that currently has custody. There are several issues need to be shown at a hearing for third party custody rights. To gain custody the third party must show that: 1. The person filing the petition stands place of the parent and is able to assume all rights, obligations, and duties. 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 with jurisdiction (authority over the case) has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition. 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. For more information refer to the Arizona law link (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00409.htm&Title=25&DocType=ARS) that is provided.