AZ - My exes mom filed for GP rights, what should I expect to happen

[tmom123]

What is the name of your state (only U.S. law)? Arizona

My sons father has been in prison most of my sons life. However my son has had a relationship with his paternal grandmother which I have allowed and enabled. I was never married to my sons father if that makes a difference.

Now that I have started a relationship with another man, the grandmother has become obsessed with my son, demanding to see him every weekend, all weekend, and gone so far as to comment that now that I am expecting another baby, I won't have time for my son and should just relinquish custody to her. As if! There have also been other comments and actions that have made me uncomfortable (made to both me AND my almost 3 year old son) that have caused me to try to establish some boundaries, though I admit my tactic thus far has been avoiding her phone calls. Let me make it clear that I have not told her she cannot see him, though I have said this day or that day will not work because we have our own life and schedules to juggle, and those schedules do not always accomodate what she wants.

So at this point I have not spoken to the grandmother in 10 days. She has called twice to my knowledge, once when I was at work and the other time I just didn't answer. Today I find out she has hired an attorney and is suing me for grandparents rights, claiming I am refusing her contact with her grandchild.

What can I expect from this... the process, the outcome? What do I need to do to protect my rights as a parent, and minimize the amount of control she has over me and/or my child?

Thank you in advance for any help/guidance you can give me.

[TheGeekess]

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.
[url=http://www.azleg.state.az.us/ars/25/00409.htm]25-409 - Visitation rights of grandparents and greatgrandparents[/url]

[janM]

Was Dad ever legally established as Dad?

[tmom123]

Originally Posted by janM

Was Dad ever legally established as Dad?

No DNA testing, but he is named on the birth certificate.

[LdiJ]

If she does file, a lot of pressure will be put on you to mediate the case and to come to an agreement. Do NOT do that. Make a judge decide based on the merits of the case. Strongly protest any attempt by the judge to give her temporary visitation pending the outcome of the case.

[lima_charlie]

Hire an attorney.

This is your child; the expense is worth it in the end. I just went through a court case, and the judge denied court-ordered visitation. It was well worth the attorney fees.

However, in your case, it appears the paternal grandmother has had more contact with your son than the maternal grandmother did with my daughter.

As LdiJ stated, DO NOT agree to anything in mediation; LdiJ gave me the same advice. During mediation, it will be you, the paternal grandparent, and the mediator in the room-that's it. Stick to your guns! You will be pressured to resolve the case-as I was, but I held fast. To stress again, make the judge DO HIS/HER job!

An attorney well versed in this area of family law will be able to assist you and fight for your rights as a parent. You both have basically 1 shot; make yours count.

Good Luck!