Legal Question in Family Law in Arizona
Recently my spouse and I have denied visitation rights to my mother. Due to what I went through when I was under her care, and she had tried to steal from us, as a way of seeing the kids. She has now been trying to push for grandparent rights and I would like to know how I can stop this from happening.
2 Answers from Attorneys
If you are married to the other parent of the children, then your mother has no recourse under Arizona's grandparent visitation statute (the statute requires that the children's parents be divorced/divorcing, never married, or one deceased before a grandparent can request visitation). The theory is that the court does not want to disturb decisions that married parents make regarding their own children's contact with any other person.
If you are not married to the other parent of the children, then your mother may be able to file an action for grandparent visitation. If this is the case and she actually files and serves you with an action, I encourage you to speak with an attorney who can advise you regarding your options and help you decide your next step.
We offer a free initial consultation and would be happy to meet with you in the event you determine you need legal services.
Are you still married to the bith mother? If so, your Mom has NO LEGAL CLAIM for visitation. Please let me know if you would like us to draft a "cease and desist" letter explaining Arizona law to her and demanding the she back off.
If you are not married to the birth Mother, than I would need to know more in order to assist you in resisting her efforts. Has she filed something?
BASICALLY, it's not a complicated argument: you simply must assert to the Court the many reasons why spending time with grandmother is not desirable nor in the children's best interests.
We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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