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Our son is in jail, his girlfriend is leaving town with the…

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Our son is in...

Our son is in jail, his girlfriend is leaving town with the baby, as the grandparents do we have any rights to have visitation rights. She moving to California, I am willing to fly to California to see the baby once a month.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

We live in Arizona, as of today she is still in Arizona but moving to Fresno, California

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 6 months ago.Category: Family Law
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1/7/2018
Family Lawyer: Sue, Family Law Attorney replied 6 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 564
Experience: Family Law litigator for over 35 years
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Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 6 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Here's the applicable Arizona statute:

2005 Arizona Revised Statutes §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.

Are you comfortable using your local court forms? If not, you can send me your city and county and I can look to see if yours is one of the jurisdictions that make forms available on line.

If there has been no child support action, your son can still file for paternity from jail. Then that will be the case in which you'd file your motion.

It would be best if you file a motion immediately to establish your interest before the mother moves out of state, if you can.

If you can't, you can still file, and if awarded visitation, register the Arizona order as a foreign decree in the Fresno family court.

What do you think?

Sue

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Family Lawyer: Sue, Family Law Attorney replied 6 months ago

Did you find the information I provided helpful?

Sue

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Family Lawyer: Sue, Family Law Attorney replied 6 months ago

Checking back in. Did you find the information I provided helpful?

Sue

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