Other Family Issues

questions & answers

Question: My brother made me his power of atterny and is going to prison for 7-10 yes. Do I have rights to visitation with his children? If so what steps do I take?

Answer: Please note in pursuant to A.R.S. 14-5104 (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/05104.htm&Title=14&DocType=ARS) being  “power of attorney” may not exceed SIX MONTHS,  with regarding care, custody or property of the minor child or ward, except power to consent to marriage or adoption of the minor (just so you can plan ahead).
Now onto visitation.
Under A.R.S. 25-409 (http://www.azleg.state.az.us/ars/25/00409.htm)in pursuant to section 25-402 (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/25/00402.htm&Title=25&DocType=ARS) , subsection B, paragraph 2, a person other than a legal parent may petition the superior court for visitation with a child. 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 visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.
To find out how the law applies to a specific situation, contact an attorney directly. (http://azlawhelp.org/articles_info.cfm?mc=1&sc=1&articleid=129)