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hocuspocusme
hocuspocusme, USA Legal
Category: Family Law
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My wifes estranged mother wants to force us to give access

Resolved Question:

My wife's estranged mother wants to force us to give access to our 5-month old son. My wife and I are currently married, live in Arizona, have a healthy relationship with each other and our son (who was born approx 3yrs after we had married), and have not exposed our son to her in his entire first 5 months of existence. Does she have a case?
Submitted: 5 years ago.
Category: Family Law
Expert:  hocuspocusme replied 5 years ago.
Hi, I understand your situation.

Grandparents can get rights to see the child under certain circumstasnces. Please read this and see if any applies.

25-409. Visitation rights of grandparents and great-grandparents

A. The superior court may grant the grandparents of the child reasonable visitation rights to the child during the child's minority on a finding that the visitation rights would be in the best interests of the child and any of the following is true:

1. The marriage of the parents of the child has been dissolved for at least three months.

2. A parent of the child has been deceased or has been missing for 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.

3. The child was born out of wedlock.

B. The superior court may grant the great-grandparents of the child reasonable visitation rights on a finding that the great-grandparents would be entitled to such rights under subsection A if the great-grandparents were grandparents of the child.

C. In determining the child's best interests the court shall consider all relevant factors, including:

1. The historical relationship, if any, between the child and the person seeking visitation.

2. The motivation of the requesting party in seeking visitation.

3. The motivation of the person denying visitation.

4. The quantity of visitation time requested and the potential adverse impact that visitation will have on the child's customary activities.

5. If one or both of the child's parents are dead, the benefit in maintaining an extended family relationship.

D. If logistically possible and appropriate the court shall order visitation by a grandparent or great-grandparent to occur when the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child. If a parent is unable to have the child reside or spend time with that parent, the court shall order visitation by a grandparent or great-grandparent to occur when that parent would have had that opportunity.

E. A grandparent or great-grandparent seeking to obtain visitation rights under this section shall petition for these rights in the same action in which the parents had their marriage dissolved or in which the court determined paternity or maternity, or by a separate action in the county where the child resides if no action has been filed or the court entering the decree of dissolution or determination of paternity or maternity no longer has jurisdiction.

F. All visitation rights granted under this section automatically terminate if the child has been adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply to the adoption of the child by the spouse of a natural parent if the natural parent remarries.

Customer: replied 5 years ago.
So what does that mean?
Expert:  hocuspocusme replied 5 years ago.
What this essentially means is that grandparents legally have a right to visitation in your state if the grandparent takes it to court based on the facts that I have provided above.
Do you think that they will take it to court?
Customer: replied 5 years ago.
Yes, but do they only have a legal right to visitation if a.) my wife and i are divorced b.) my wife or i go missing or c.) my wife and i are deceased.

Additionally, would she have a case based on the fact that she has never had a relationship with him?

I know she could have a legal right, I'm just wondering if there is even a chance she might win. What angle could she feasably try to argue.

Thats
the part of this thing i dont understand.
Expert:  hocuspocusme replied 5 years ago.
The legal angle is that it is in the best interests of the child to spend time with the biological grandparents.

There are many determning factors and that is why I gave you the list above to read. But it is considered to be in the best interest of the child to spend time with the blood relatives. If there is an issue to be proven why it is not then that is a different issue.

That could be stated in you and your wife's last will and testament.
hocuspocusme, USA Legal
Category: Family Law
Satisfied Customers: 466
Experience: If you are satisfied, please press the accept button so I will be paid for my time and services.
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