questions & answers

Question: 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

Answer: You can find out about Grandparents rights and what needs to be done at azlawhelp.org. The Arizona Revised Statute 25-409 states Third party rights A. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for legal decision-making authority or placement of the child. The court shall summarily deny a petition unless it finds that the petitioner's initial pleading establishes that all of the following are true: 1. The person filing the petition stands in loco parentis 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. You may want to consult an attorney to see what your rights are and how to go about filing.