questions & answers

Question: My 23 year old son was hit in a accident and passed away .He left a 3 year old daughter and I have had this little girl since birth 4 to 6 days a week daily .Her mother works and lived with me for the first 8 months of her life .My son also lived with me and remained with me even when they split .I have always provided for my grandaughter and she even has her own room here and because her mom and I were in a argument for her clearing out a armoire that had my private things in it after I requested her not to do so she now says I'll never see my grandaughter again. Do I have rights ?

Answer: Arizona Revised Statutes, Section 25-409 allows a grandparent to petition the court for visitation in a situation like yours.  Of course, it is always best to come to an amicable agreement with the child's mother.  As you would expect, filing a court action tends to make the other party angry and harden positions.  However, if you cannot agree on visitation, you have the right under the statute to file a petition in superior court in the county where you live and request visitation.  You will need to serve papers on the mother.  The court will likely schedule a hearing to hear both sides of the argument.  While it is possible to handle this on your own, you may want to speak with an attorney and get some legal advice.  There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.