Grandparents’ Rights Attorney in Tempe, Arizona
Not every grandparent gets to enjoy an effortless and idyllic relationship with their grandchild, like society and the media might lead us to believe. Some parents are barred from having a relationship with their grandchildren, whether that’s due to estrangement with their adult child, drug and alcohol problems, etc. But keeping a grandparent away isn’t always what’s best for a child, and Arizona’s family laws recognize that. Grandparents in Tempe can petition the court for visitation, legal decision-making, or physical custody of their grandchild under certain circumstances. You can increase your request’s odds of success by retaining an experienced family law attorney for your case. Schedule your free consultation with our Tempe Grandparents’ Rights Lawyers today by clicking here or calling 480-680-9126.
Third Party Rights In Tempe Child Custody Cases
When anyone other than a child’s parent seeks custody of that child, that person is considered to be petitioning for third party rights. This concept is codified in Arizona by A.R.S. § 25-409. This statute sets forth four requirements for third parties, including grandparents, seeking to establish rights.
- The person filing stands in loco parentis to the child, or in the place of a parent.
- It would be significantly detrimental to the child to remain or be placed in the care of either legal parent
- A court has not entered new custody orders for at least 12 months, unless it is an emergency situation
- A legal parent is deceased, the legal parents are unmarried, or the legal parents are in the midst of a divorce or legal separation
A grandparent can also seek visitation of their grandchild in the state of Arizona. If visitation is in the child’s best interests, the court can order it if one of four requirements are met:
- One of the legal parents is deceased or has been missing for at least 3 months
- The child was born out of wedlock and the parents are not married
- The parents have been divorced for at least 3 months
- The parents’ divorce or legal separation is pending
What If A Parent Doesn’t Comply With Grandparent Visitation Orders?
If a parent didn’t want to allow grandparent visitation in the first place, it may still be difficult to get them to comply after court orders are in place. This is just one reason it can be helpful for grandparents seeking custody or visitation to have a family law lawyer on retainer, as issues can continue to arise once a case seems to be complete. After noncompliance with visitation, a grandparent should petition the court to enforce the orders. The avenues for doing so are set forth by A.R.S. § 25-414. The court can order that the grandparent be given extra visitation to make up for lost time from previous noncompliance. The judge can order parenting classes or family counseling, to be paid by the violating parent. The judge can order penalties of up to $100 per violation and change existing custody orders to promote the child’s best interests. The parent can also be found in contempt of court, which can result in financial penalties and criminal conviction.
A parent who is in noncompliance with existing court orders likely won’t go down without a fight. The parent can defend against visitation violation allegations by arguing that they had a good reason for withholding visitation. A grandparent seeking enforcement of visitation orders should be prepared with a response for these types of claims. If you’re seeking more information about pursuing and enforcing grandparents’ visitation in Tempe, Arizona, schedule your free consultation with our firm today at 480-680-9126 or click here.
Why Should I Retain An Attorney For My Grandparents’ Rights Case?
Some family law litigants read through the information for their types of cases and assume that they can successfully proceed under self-representation. But many lawyers won’t even represent themselves in court because of the risks it presents. Family law cases such as grandparents’ rights cases are emotionally charged, making it difficult for the parties to express themselves clearly without a legal representative. A family law attorney can serve as an intermediary so their client doesn’t have to personally interact with the child’s parent except as necessary.
If an Arizona family law court denies a request for grandparent visitation or custody, going back and trying again isn’t a simple process. Courts are reluctant to overrule parents’ decisions about their children, and to overturn previously issued orders, as this can be burdensome on the courts. This time with your grandchild could be crucial and is something that you can never get back once it’s gone. A family law attorney can prepare your petition in a way that makes a judge more likely to hold a hearing on the matter, and eventually rule in your favor. Learn more about establishing grandparents’ rights in Tempe today with your free consultation by phone at 480-680-9126 or click here.
Grandparents’ Rights Frequently Asked Questions
Which state do I request grandparents’ rights in if the children have recently moved?
If there are custody orders in place, the grandparent should request rights in the state in which that action arises. A child must reside in the state for 6 months before Arizona has jurisdiction over custody matters, including grandparents’ rights. Otherwise, the grandparent should petition the court in the child’s home state.
Do the courts have any presumptions about granting grandparents’ rights?
Petitioning the court for grandparents’ rights can be an uphill battle, as there is a legal presumption that a parent knows what is best for their child regarding important choices and visitation. The Supreme Court ruled on this in 2000 in Troxel v. Granville. But a grandparent can present compelling evidence to rebut this presumption and obtain visitation or custody of their grandchild. The grandparent must be able to prove certain factors and that allowing custody or visitation would be in the child’s best interest.
What type of information do I need to provide about my grandchild when request grandparents’ rights in Tempe?
The grandparent should provide the child’s name and address, including previous known addresses from the past 5 years (or since birth if the child is less than 5 years old), and who the child has lived with. The request should include a description of the grandparent’s relationship with their grandchild. The grandparent can provide information about any legal proceedings involving the child. This is not limited to custody proceedings, and includes torts like personal injury claims.
Who needs to be notified if I seek grandparents’ rights?
The clerk and judge need copies of your request for grandparents’ rights. Both of the child’s parents, if living and their parental rights have not been terminated, should be notified of the request. If the child has been placed with a legal guardian, they should similarly be notified. There could also be a governmental agency with a claim to the child, like if the child is in an active CPS case, which requires notification. Notice should be served by a sheriff’s deputy, licensed process server, or commercial mail requiring signature upon delivery.
How does the judge decide on my request for grandparents’ rights?
A judge will review the petition before deciding whether to hold a hearing. Some requests will be summarily dismissed, often because the situation doesn’t meet the requirements set forth for a third party to establish rights, or the reasons for the request aren’t compelling enough to rebut the judge’s presumption that the parent knows what’s best for their child. If the petition is strong enough, the judge will hold a hearing on the matter. The parent(s) and grandparent should appear at the hearing to present their arguments regarding grandparent visitation or custody and the child’s best interests.
What types of evidence should I present at my grandparents’ rights hearing?
A grandparent seeking visitation or custody may have limited access to their grandchild, making gathering evidence in support of their petition more difficult than in a typical custody case. Photos and videos of the child showing their condition or how the parent interacts with the child can support a grandparent’s request for visitation or custody. If possible, the grandparent should obtain police reports for incidents involving the child or their parents. A grandparent should save social media posts of a child’s parent who is publicly living a dangerous lifestyle, e.g., abusing drugs and alcohol. Witness testimony and depositions can become relevant in grandparents’ rights cases.
Can my grandchild tell the court they would like for me to be granted visitation or custody?
In Arizona, a child’s own wishes can be taken into account for custody determinations when they reach a suitable age and maturity level. This is generally around 12 years old, but can be younger or older based on case-specific factors. It can be uncomfortable for a child to tell the court they aren’t in a good living situation, but can be necessary for a grandparent to obtain visitation or custody orders in Tempe.
Can I be granted temporary grandparents’ rights?
A grandparent can seek temporary or permanent rights when they petition the court for visitation or custody. These might be necessary during a difficult transitional period, such as the parents getting divorced. Temporary orders can also be used for the basis for permanent orders if the situation continues.
How can I propose a schedule that doesn’t interfere with my grandchild’s school and activities?
A visitation schedule that interferes too significantly with a child’s personal schedule stands a greater chance of being denied. The judge is unlikely to order a child to visit their grandparent during time that would be spent at school, church, etc. A grandparent can request general times throughout the week for visitation, such as midweek afternoons or overnight visits on weekends. The grandparent might also request visitation on certain holidays and special occasions. A grandparent can also make the schedule more convenient for the grandchild by requesting virtual visitation and phone calls.
What Factors Will The Court Consider?
Family law judges have a duty to make sure children’s custody situations work in their best interests. A court can grant a grandparent visitation or custody if it’s in a child’s best interest. But what is in a child’s best interest can be hard to define. While the judge can consider any factor relevant to a case, some examples are set forth by A.R.S. § 25-403:
- The interaction and interrelationship between the child and their parents, siblings, and anyone affecting their best interest
- The child’s adjustment to home, school, and community
- The mental and physical health of all individuals involved
- Whether there has been domestic violence or child abuse
There are also best interest factors specific to grandparents’ rights situation set forth by A.R.S. § 25-409. A grandparent seeking visitation of their grandchild should craft their arguments in a way that emphasize these factors:
- The historical relationship, if any, between the grandparent and grandchild
- The grandparent’s motivation for seeking visitation
- The motivation of the person objecting to visitation
- How much visitation is being requested and how it will affect the child’s schedule
- If one or both parents are deceased, the benefit in maintaining a relationship with extended family
Tempe Family Law Attorneys For Grandparents’ Rights And More
If you are a grandparent seeking visitation or custody of a child in Arizona, the law doesn’t start off on your side. Family law gives a child’s parents the benefit of the doubt through a presumption that they know what is best regarding visitation. But there are plenty of reasons that it is beneficial for a child to have a loving grandparent involved in their life. A skilled family law attorney can help you articulate these reasons to the court so you can spend time with your grandchild. Having a family lawyer on retainer can also help you be prepared for noncompliance and modifications by the child’s parents. Learn more about what our Tempe Grandparents’ Rights Lawyers can do for you today with your free consultation by phone- call to schedule at 480-680-9126 or click here.
