Az Custody Form For Grandparents
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FAQ
Grandparents may ask for custody under § 25-415 if they can establish that the child is not in a safe environment or if the parent has abandoned the child. In Arizona, courts prioritize the best interests of the child when making custody decisions.
Assuming no divorce or custody case is already pending, the grandparent visitation petition is ordinarily filed with the court sitting in the child's home state pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in Arizona and other laws.
A grandparent will be able to easily prove that either a parent has died, or that a divorce has occurred prior to the grandparent petitioning the Court. It becomes much more difficult when the remaining spouse (who presumably has sole custody) is objecting to the grandparents visiting the grandchild.
Under certain circumstances, grandparents may find it necessary to seek custody of their grandchildren. Arizona law provides that where grandparents have ?stood in the shoes? of the parent, they may be entitled to obtain custody. This is called ?In loco parentis? custody.
Grandparents Rights in AZ If you believe your grandchild's living parent is incompetent, you can file with the court for In Loco Parentis full-time parenting time in Family Court or for guardianship in Juvenile Court, asking the judge to appoint you as your grandchild's guardian or the full-time custodian instead.