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My child and former in-law are divorced and now I am being kept from seeing my grandchildren.  How can I get to see them?

Grandparents who are unable to see their grandchildren may petition the court for visitation, also known as Grandparent Rights or Third Party Rights. A grandparent who meets certain requirements may file for visitation, legal decision-making, and child placement under A.R.S § 25-409. To file for visitation one of the following must be true:

  • One of the parents is dead or has been missing at least 3 months. A parent is considered to be missing if their location has not been determined and they have been reported as missing to a law enforcement agency.
  • The child was born out of wedlock and their parents are not married to each other at the time the petition is filed.
  • The the parents of the child have been divorced for at least 3 months.
  • For in loco parentis (in place of the parents) visitation, a divorce or legal separation of the legal parents is pending with the court at the time of the petition. 

Grandparent visitation forms are filed with an Arizona Superior Court. If the parents currently have or have had a family law case of divorce, separation, or annulment in Arizona, the forms are filed in the same Superior Courthouse. If there a parent is dead, missing, or their is no family law matter with the courts, the forms are filed in the county where the child lives. A.R.S. § 25-409(G)

If the Superior Court location you need to file in does not have forms available, call and ask if Maricopa County forms may be used.


Resources:

Arizona Revised Statute - A.R.S. § 25-409

Find My Court - Superior Court Location Information

LawForSeniors - Grandparent Visitation Rights

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