Petition Visitation Form With Grandparent In Pima
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FAQ
The State of Arizona, on the other hand, recognizes the significance of the role played by grandparents in the lives of children, and it has adopted laws to ensure that grandparents can secure their visitation rights and even custody of grandchildren when necessary.
If a dispute cannot be sorted out amicably in mediation, grandparents will need to apply to the court. The court can make a Child arrangements order (used to be called Contact, or Access) setting out how much time the child should spend with grandparents.
Filing an Affidavit When filing a petition for visitation rights, a grandparent must include a signed, written statement known as an affidavit. In this affidavit, a grandparent must explain why visitation must be ordered to prevent harm to the child or children.
There is no standard visitation schedule for grandparents in the state of Arizona. If a judge determines that visitation is in the best interest of the child and all ARS § 25-409 requirements are met, then a reasonable grandparent visitation can be ordered.
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.
In 1983, however, the Arizona legislature amended the family laws to add Arizona Revised Statute § 25-409 . This statute covers third-party petitions for visitation or custody in Arizona , including grandparents. Under A.R.S. § 25-409(C), a grandparent may petition the court for visitation with his or her grandchild.
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.
The role of guardian often falls to grandparents when parents are unable to care for their child. The parents may be ill, out of work, using drugs, or in jail. Being a legal guardian gives grandparents the same rights as a parent. So all the laws that cover special education and disability rights apply.
Custodial grandparents are defined as those who have assumed full responsibility for grandchildren who are at or under 18 years old (Hayslip et al., 1998).
