Resources for Seniors

questions & answers

Question: I want to file visitation rights with the Court to visit my grandchildren. Their mother refuses to let me see them.

Answer: Under the A.R.S. 25-409C, it states: Pursuant to section 25-402, 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. You may need to consult an attorney to see what your rights are and how to go about filing for visitation.