Grandparents Rights in Arizona
There are some situations in Arizona under which grandparents might need to seek custody of their grandchildren or adopt them. In other cases, grandparents might be prevented from seeing their grandchildren by the children’s parents.
Arizona law includes a statute that allows grandparents to seek visitation rights with their grandchildren even if a parent objects. Each of these types of situations will likely require the help of an experienced family law attorney.
The lawyers at the Law Office of Daniel Hutto are experienced in handling grandparents rights cases and can explain the options that might be available to you based on the facts of your case.
Grandparents’ Visitation Rights in Arizona
Under ARS § 25-402(B)(2), a person other than a parent, including a grandparent, may petition the court for parenting-time rights. To do this, they must follow the process as outlined in ARS § 25-409. Under this statute, when a grandparent files for visitation rights with a grandchild, the court may grant the petition if it finds that visitation with the grandparent would be in the child’s best interests, and when any of the following are true:
- One of the child’s parents is deceased or has been missing for three or more months.
- The child’s parents are unmarried, and the child was born out of wedlock.
- The child’s parents have been divorced for three or more months.
- If the grandparent has served in loco parentis, the child’s parents must have a divorce or legal separation case pending.
The court must find that visitation would be in the child’s best interests. In making this determination, the court must consider the following factors:
- The child’s relationship with the grandparent in the past
- The grandparent’s motivation for seeking visitation rights
- The motivations of the parent who is denying visitation to the grandparent
- How much visitation time is being requested, and the potential negative impact that it might have on the child’s regular activities
- Whether there is a benefit to maintaining a relationship between the child and his or her extended family when a parent is deceased
In many families, grandparents develop special relationships with their grandchildren. It can be very difficult for a child and a grandparent when a parent prevents the grandparent from seeing the child.
Arizona recognizes that grandparents can play an important role in the lives of their grandchildren.
If a court determines that granting visitation rights to a grandparent is appropriate, the visitation times will be ordered to happen when the child visits the parent that is the grandparent’s relative. If that parent is deceased, the court might order that the visitation occurs when the deceased parent would have had visitation time with the child.
Proving that a parent is deceased or that the parents’ divorce happened before the grandparent filed a petition for visitation will be straightforward. However, it can become more difficult when the parent who has custody of the child objects to the grandparent’s petition for visitation.
Getting help from the Law Office of Daniel Hutto can help grandparents gather evidence and present it in a way that supports the reasons for requesting visitation and that shows that receiving visitation would be in the child’s best interests.
To learn more about child custody law or family law representaion in Arizona visit The Law Office of Daniel Hutto PLL
About Daniel Hutto
It’s no secret that child custody can be one of the most delicate parts of any family law or divorce proceeding, and at the Law Offices of Daniel Hutto, we take the job of advocating for your best custody arrangement possible very seriously.
But in Arizona, child custody is much more important than the quality time you receive with your children — it also involves your ability to make sure their needs are being met and the other adults in their lives are not making decisions about your children’s wellbeing without your consent or knowledge.
If you are involved in a child custody dispute, contact The Law Office of Daniel Hutto. In Phoenix Arizona call (602) 671-0391.
Contact:
Law Office of Daniel Hutto
4201 North 24th St.
Phoenix, Arizona 85016
Phone: (6020 671-0391
https://azcriminalandfamilylaw.com
0 Comments