Pinetop, AZ asked in Family Law, Child Custody and Domestic Violence for Arizona

Q: I need information regarding grandparent rights. my daughter is having issues with the father of her son and parents

the fathers parents are trying to take my grandson away from my daughter and she moved in with me. the father has past violent behavior and current domestic violence against my daughter. I also want to find out if my daughter was properly served paper work and if the other grand parents were suppose to notify me of this process.

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: Feel free to give me a call to discuss more in detail because we need more information to answer the questions thoroughly, but I can give you some information now;

(1) Grandparents can file for legal decision-making and placement in Arizona, but they have to show they stand in loco parentis to the child (meaning the child treats them like a parent) and show that it would be a significant detriment to remain in either parent's care.

(2) I don't know how your daughter was served, but service can happen a few ways: (1) via process server. The process server only needs to leave it with a person of suitable age where your daughter is residing for service to be complete. (2) certified mail with delivery restricted to your daughter, (3) by providing your daughter with the paperwork and having her sign an Acceptance of Service in front of a notary, or (4) by publication, with the Court's permission.

(3) They were not required to notify you of this process.

Mike Branum agrees with this answer

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