Grandparents’ Rights in Arizona
Grandparent Visitation
If you are being denied time with your grandchild, you may be successful in filing for visitation rights if you meet certain requirements. In all circumstances, granting such rights must be in the best interests of the child. The parents of the child or children must have divorced at least 3 months prior to the request, or one parent has been deceased or missing for at least 3 months, or the child must have been born out of wedlock.
The judge will analyze a number of factors when deciding whether to grant a grandparent visitation, including:
- The amount of time the grandparent is requesting for visitation and whether that would negatively impact the child’s education and extracurricular activities
- The motivation behind the parent denying visitation
- The motivation behind the grandparent requesting visitation
- The relationship between the grandparent and the grandchild
- When one or both parents are deceased, if it is worth continuing a family relationship with extended family members.
Grandparent Custody
Under Arizona law, there is a presumption that children should be in the custody of their parents. However, sometimes a grandparent will find themselves in the situation where they believe that it would be better for the child to be placed with them. A grandparent may be entitled to custody if they have acted “in loco parentis,” or in the parents’ shoes.
There are four requirements that must be met before a grandparent can be awarded custody.
- The grandparent stands in the “in loco parentis” role.
- Remaining in the current custody of their parents would be detrimental to the child’s well-being.
- There have been no custody orders issued for the child in the last year, unless the child’s current environment is a serious threat to their health and welfare.
- One of these is met:
- One parent has passed away
- The child legal parents are unmarried or divorced at the time the petition is filed
- The child’s parents’ divorce case is pending
- One parent has passed away
As with all child custody actions in Arizona, the judge will always order what is in the best interests of the child.
How to File for Grandparent Visitation or Custody in Arizona
Once the petition has been served, the parents will have the opportunity to respond to the petition. If they disagree with your request, the matter will be set for trial. Each party can present evidence and witnesses to prove why grandparent custody or visitation would be in the best interest of the child. The grandparent will be responsible for proving that all of the requirements discussed above are met.
Get Representation for Arizona Grandparents’ Rights
It is a common misconception that everyone in the United States has a right to a court-appointed attorney. However, this only applies in criminal matters, and not in family law cases. Whether you’re a concerned grandparent who needs to step into the life of your grandchild, or you’re a competent parent trying to avoid interference by a meddling grandparent, you need a skilled attorney to represent you. Any party that goes into a courtroom unrepresented while their opponent has an attorney is already at a disadvantage. Attorney representation doesn’t have to break the bank. Call our office to schedule a consultation. We can discuss your case and give you realistic expectations of how your case will play out and what we can do for you. We also offer affordable pricing and payment plan options.
My Arizona Lawyers, PLLC
(480) 263-1699