A.R.S. 25-409 sets out the critera for grandparent visitation and A.R.S. 25-415 provides for custody by a non parent. In order to obtain visitation rights pursuant to A.R.S. 25-409, a court would have to find that visitation is in the best interest of the minor child. The court would also have to find that any of the following is true: 1) the marriage of the parents has been dissolved for at least three months; 2) a parent of the child has been deceased or missing for at least three months; 3) the child was born out of wedlock. In order to obtain custody and/or visitation pursuant to A.R.S. 25-415, a court would have to find that all of the following are true: 1) the person filing the petition has acted as a parent to the child; 2) it would be significantly detrimental to the child to remain or be placed in the custody of either of the child's living parents who wish to retain or obtain custody; 3) a court has not entered or approved an order concerning custody within one year before the person filed a petition pursuant to this statute (unless there is a serious danger to the child). One of the following would also have to apply: 1) one of the parents is deceased; 2) the child's legal parents were not married at the time the petition was filed; 3) there is a pending proceeding for dissolution of marriage or legal separation. Believe it or not, this is a short answer to a very complicated question. There is also substantial amount of case law discussing grandparent's rights. You need to contact an attorney with regard to the specific circumstances of your case.
Answered on Nov 09th, 2011 at 5:51 PM