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:
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.
As with all child custody actions in Arizona, the judge will always order what is in the best interests of the child.
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.
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
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