Many grandparents in Arizona find joy and pride in being involved and contributing to the lives of their grandchildren. Unfortunately, circumstances sometimes deprive them of the opportunity to be participating grandparents. Under Arizona laws, grandparents’ rights are not considered when children are removed from the custody of their parents.
When the parents of a child recently agreed to have their rights as parents terminated, the child was given up for adoption. The grandparents then filed a lawsuit in which the state was accused of negligence. The grandparents contended that the state violated their grandparents’ rights in not considering their application to adopt the child.
A juvenile court ruled that the grandparents had no right to sue over the court’s placement decision. The Court of Appeals subsequently upheld this ruling. It reportedly ruled that placement decisions will be entirely based on the best interests of the child, not the interests of potential adoptive or foster parents.
Grandparents whose wishes to remain a part of the lives of grandchildren are in jeopardy may benefit from consulting with an experienced Arizona family law attorney. A lawyer will spend the necessary time examining the details and the circumstances of the situation. He or she will then provide the clients with an evaluation of the available options for exercising their grandparents’ rights. A lawyer can work on proving that adoption by the grandparents may be in the best interests of the child. If the circumstances present a viable claim, support and guidance will be provided throughout any legal proceedings that may follow.
Source: kvoa.com, “Arizona ruling says grandparents can’t sue over placements”, Dec. 9, 2015