P. rights severed via family court. Biological fathers parents (child's biological g-parents) are threatening to take to court.

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Good Morning. This past December Maricopa Family Court had a hearing and granted my petition for severance of parental rights for my 23 month old daughter from her biological father based on the grounds of abandonment and neglect. My daughters biological g-parents are now threatening to take me to court to gain some type of custody or visitation rights. Upon therapists discussions, I do not feel it would be beneficial for my daughter to have continued contact and have put a stop to it. The g-parents are now attempting to contact friends and acquaintances to have them tell me to contact them or they will take me to court. Because their sons rights have been severed, does this mean they no longer hold any rights to my daughter as well? Suggestions?

Attorney Answers

2
Brian Petersen ·
Thank you for your detailed question. People other than legal parents do not have automatic rights in Arizona. Arizona does have laws that Third Party's (Grandparents etc.) can seek visitation with their grandchildren, but they must get them awarded by the court, they are not automatic. The law is A.R.S. 25-409. I have attached a link below. A free consult with an attorney may be well worth your time to understand the process and how to prepare in the event that they do go to court and seek these rights.
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Michael Langford ·
As was mentioned, A.R.S. 25-409 is the statute that allows third parties, such as grandparents, to seek visitation with a minor child. I wanted to note that while the statute allows this, the Court must make a finding that visitation is in the best interest of the child. This is a standard that is used in any family court case involving children and contemplates a number of different factors. Consulting with an attorney is definitely a good idea to learn more.
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