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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9908
Experience:  Experienced Family Law Attorney
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I need to know grandparents visitation rights in Tucson And

Customer Question

I need to know grandparents visitation rights in Tucson And Delaware. I want to have my six year old granddaughter who resides in Tucson to visit me in Delaware for about 1 week. My daughter passed away 3 yrs. ago and the father of my granddaughter lives in Tucson, my daughter was never married and because of his criminal bqckground his mother had guardianship. They have not informed me of situation at present time. I only ask to have my granddaughter visit so she may some time with myself and her 14yr old brother I am willing to travel to Tucson and bring my grandaughter to Delaware and to take her back to Tucson. Is there a problem with my taking my granddaughter to Delaware? I want to be sure this is legal. Thank You
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Thank you for your patience. Under the UCCJEA (the federal child custody jurisdiction act) the state where the child resides has jurisdiction over such issues.

According to that law, there are grandparent rights allowed in certain situations- such as when there is a divorce or a death of one of the parents.

That statute is here:

. 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.

D. A petition filed under subsection A or C of this section must be verified or supported by affidavit and must include detailed facts supporting the petitioner's claim. The petitioner must also provide notice of this proceeding, including a copy of the petition and any affidavits or other attachments, and serve the notice pursuant to the Arizona rules of family law procedure to all of the following:

1. The child's legal parents.

2. A third party who possesses legal decision-making authority over the child or visitation rights.

3. The child's guardian or guardian ad litem.

4. A person or agency that possesses physical custody of the child or claims legal decision-making authority or visitation rights concerning the child.

5. Any other person or agency that has previously appeared in the action.

E. In deciding whether to grant visitation to a third party, the court shall give special weight to the legal parents' opinion of what serves their child's best interests and 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 seeking visitation.

3. The motivation of the person objecting to 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 deceased, the benefit in maintaining an extended family relationship.

F. If logistically possible and appropriate, the court shall order visitation by a grandparent or great-grandparent if 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.

G. A grandparent or great-grandparent seeking visitation rights under this section shall petition in the same action in which the family court previously decided legal decision-making and parenting time or, if no such case existed, by separate petition in the county of the child's home state, as defined in section 25-1002.

One would need to petition the court so that the court could determine a visitation schedule that is in the "best interests" of the child; this would be a legal order and the guardian would be obligated to comply with it.

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Expert:  LegalGems replied 1 year ago.

Please let me know if you would like me to locate a template petition for this.

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