Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

(Arizona — A.R.S. § 25-409)

I. PARTIES

1.1 Petitioner(s) — Grandparent / Great-Grandparent

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Legal Parent(s) / Person with Custody

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under A.R.S. § 25-409(C) (read with § 25-402(B)(2)), authorizing a person other than a legal parent to petition the superior court for visitation with a child.

2.2 UCCJEA home state. Arizona is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, A.R.S. §§ 25-1001 et seq. (see § 25-1002), because:

☐ The child has lived in Arizona with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Arizona was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue / proper action — § 25-409(G). Petitioner files:

☐ In the same action in which the family court previously decided legal decision-making and parenting time (Case No. [____________]); OR

☐ If no such case existed, by separate petition in [COUNTY] County, the county of the child's home state as defined in § 25-1002.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the legal decision-making, parenting time, custody, or visitation of the minor child.

☐ There are/were other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY TRIGGER (§ 25-409(C))

3.1 The Court may grant visitation during the child's minority on a finding that visitation is in the child's best interests and that one of the following is true (check the trigger that applies):

☐ (C)(1) One of the child's legal parents is deceased or has been missing at least three (3) months. (A parent is "missing" if the parent's location has not been determined and the parent has been reported missing to a law enforcement agency.)

☐ (C)(2) The child was born out of wedlock and the child's legal parents are not married to each other at the time this Petition is filed.

☐ (C)(3) For grandparent or great-grandparent visitation: the marriage of the child's parents has been dissolved for at least three (3) months.

☐ (C)(4) For in loco parentis visitation: a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time this Petition is filed.

3.2 Supporting facts for the trigger checked above (dates, case numbers, death/missing-person details, etc.):

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 Historical relationship — § 25-409(E)(1). Petitioner has had a historical relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Circumstances leading to this Petition. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

4.3 Residence with the parent through whom access is claimed — § 25-409(F).

☐ The child resides or spends time with the parent through whom Petitioner claims a right of access. Petitioner requests that, if logistically possible and appropriate, the Court order Petitioner's visitation to occur in connection with that time, as provided by § 25-409(F).

V. CONSTITUTIONAL STANDARD — SPECIAL WEIGHT

5.1 Special weight to the legal parents' opinion — § 25-409(E) / Troxel. Petitioner acknowledges that the Court must give special weight to the legal parents' opinion of what serves their child's best interests, consistent with the parents' fundamental constitutional right to the care, custody, and control of their child. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Verified petition with detailed facts — § 25-409(D). This Petition is verified (Section IX) and includes detailed facts supporting Petitioner's claim, as required by A.R.S. § 25-409(D).

VI. BEST INTEREST — § 25-409(E) FACTORS

6.1 Visitation with Petitioner is in the child's best interests. In deciding whether to grant visitation, the Court shall give special weight to the legal parents' opinion and consider all relevant factors, including the following (Petitioner addresses each):

☐ (E)(1) The historical relationship, if any, between the child and Petitioner: [____________]

☐ (E)(2) Petitioner's motivation in seeking visitation: [____________]

☐ (E)(3) The motivation of the person objecting to visitation: [____________]

☐ (E)(4) The quantity of visitation time requested and the potential adverse impact on the child's customary activities: [____________]

☐ (E)(5) If one or both of the child's parents are deceased, the benefit in maintaining an extended family relationship: [____________]

6.2 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under A.R.S. § 25-409(C) and has satisfied the verification and detailed-facts requirement of § 25-409(D);

B. Find, after giving special weight to the legal parents' opinion and weighing the factors in § 25-409(E), that visitation with Petitioner is in the child's best interests;

C. Enter an order granting Petitioner reasonable visitation during the child's minority pursuant to the schedule in Section VII, including, if logistically possible and appropriate, visitation under § 25-409(F);

D. Award costs of this action; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF ARIZONA )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, depose and say that I am the Petitioner in this action; that I have read the foregoing Petition and know its contents; and that the statements made therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn (or affirmed) before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Ariz. State Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation under A.R.S. § 25-409 has been filed and served on you, together with any supporting affidavits or attachments. You are required to file a written response with the Clerk of the Superior Court within the time allowed by the Arizona Rules of Family Law Procedure and the summons (generally twenty (20) days if served within Arizona), and to serve a copy on Petitioner or Petitioner's attorney. If you fail to respond, the Court may proceed and enter orders without further notice to you. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition, including all affidavits and attachments, was served — pursuant to A.R.S. § 25-409(D) and the Arizona Rules of Family Law Procedure — upon: (1) the child's legal parents; (2) any third party with legal decision-making authority or visitation rights; (3) the child's guardian or guardian ad litem; (4) any person or agency with physical custody or claiming legal decision-making/visitation rights; and (5) any other person or agency that has previously appeared in the action, by ☐ personal service ☐ certified mail ☐ process server ☐ other [____________].

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• A.R.S. § 25-409 — Third party rights: visitation petition (C); statutory triggers (C)(1)–(4); verification/detailed facts and service (D); special weight and best-interest factors (E)(1)–(5); residence-with-parent provision (F); filing/venue (G).
• A.R.S. § 25-402 — authority to make legal decision-making and parenting time determinations (§ 25-402(B)(2)).
• A.R.S. § 25-1002 — UCCJEA home-state definition; §§ 25-1001 et seq.
• Troxel v. Granville, 530 U.S. 57 (2000) — special weight to a fit parent's decision.

This Petition is a preparation aid only. Many Arizona counties (e.g., Maricopa) require their own grandparent-visitation forms; check your county Superior Court self-service center. Arizona grandparent visitation requires one of the narrow statutory triggers in § 25-409(C). Consult a licensed Arizona family law attorney before filing.