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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.