Grandparents' Rights

questions & answers

Question: My son and both jail, the maternal grandmother was given custody of their two children by CPS. do I as the paternal grandmother have the right to file for custody? if so, what are my chances of getting custody?

Answer: If parents are unable to care for a child, a party may petition the court to adjudicate the child as a dependent under A.R.S. § 8-201(13). At that point, the child may be placed in a temporary home until the Juvenile Court, with input from CPS, determines who should obtain custody. Once a dependency matter in Juvenile Court is completed, a grandparent can then petition the Family Court for custody, however, the Family Court is likely to give deference to the Juvenile Court and honor the custody decision. Grandparents are, however, entitled to visitation rights. The factors the court considers when determining the best interest of the child are listed under A.R.S. § 25-403 and include how well the child will adjust in his environment. The court may consider giving joint custody to maternal and paternal grandparents if it is in the child’s best interest. You may wish to contact an attorney who can assist you with the steps that need to be taken to file for custody and or visitation. You may also be ablel to access the necessary forms to file for custody through your county court self service center.