This website is designed to provide only general information pertaining to family law matters in the state of Arizona. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Any information provided in this website shall not constitute legal advice nor establish any type of attorney client relationship. PERRY LAW FIRM, PLLC does not make any guarantee as to the accuracy or currency of any information contained herein or created through use of any link to another website contained in this website.

[CHILD SUPPORT]    [DIVORCE]     [GRANDPARENT RIGHTS]
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GRANDPARENT´S RIGHTS

• DO GRANDPARENTS HAVE VISITATION RIGHTS?
• WHEN CAN GRANDPARENTS ASSERT THEIR VISITAION RIGHTS?
• HOW DO GRANDPARENTS ASSERT THEIR VISITATION RIGHTS?
• IF GRANDPARENTS ARE AWARDED VISITATION, WHEN DO THEY GET TIME WITH THE CHILDREN?
• IF A CHILD IS ADOPTED, HOW ARE THE GRANDPARENTS´ RIGHTS AFFECTED?
• CAN A GRANDPARENT BE AWARDED CUSTODY OF A GRANDCHILD?

Do grandparents have visitation rights?

In Arizona, A.R.S. § 25-409 governs the visitation rights of grandparents and great-grandparents. This statutory provision allows grandparents to have visitation with their grandchild(ren) despite a parent´s objection. In order to secure visitation with a grandchild, (1) the grandparent must overcome the presumption that the parent always acts "in the best interest of the child," and (2) the grandparent must prove that access to the grandparents is in the child´s best interest.

Under certain circumstances, Arizona courts seek to preserve a beneficial and ongoing relationship between grandchildren and their grandparents. To secure grandparent visitation, a grandparent must prove to the Court that harm will occur to the grandchild in the absence of visitation. This is a difficult burden of proof to sustain, and a grandparent needs a qualified and experienced attorney to assist in establishing a grandparent´s visitation rights. If you are a grandparent who previously enjoyed regular visits with your grandchildren but are now being unreasonably denied any visitation, Perry Law Firm PLLC will assist you in securing visitation rights to your grandchildren.

Similarly, if you are a parent who believes that one of your child´s grandparents has (or is attempting to) overstep your parental rights, you have recourse. Parents have a fundamental right to the care, custody, and control of their child, and only a compelling interest would be sufficient to allow the Court to interfere with the parent´s right to raise a child without such interference. Perry Law Firm PLLC is experienced at enforcing a parent´s constitutional rights, and will assist you in enforcing your parental discretion.

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When can grandparents assert their visitation rights?

The Court is authorized to award grandparents reasonable visitation with a grandchild during child´s minority (that is, until a child turns 18 years of age), provided that the Court first determines that such visitation would be in the best interests of the child. Furthermore, one of the following must be true: (1) the child´s parents have been divorced for at least three months; or (2) a parent of the child has been deceased or has been missing for at least three months; or (3) the child was born out of wedlock.

In determining the child´s best interests the court shall consider all relevant factors, including: (1) the historical relationship, if any, between the child and the grandparent; (2) the motivation of the grandparent in seeking visitation; (3) the motivation of the parent denying visitation; (4) the quantity of visitation time requested by the grandparent and the potential adverse impact that visitation will have on the child´s customary activities; and (5) if one or both of the child´s parents are dead, the benefit to the child in maintaining an extended family relationship.

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How do grandparents assert their visitation rights?

A grandparent or great-grandparent seeking to obtain visitation rights must file a Petition in the same case in which the parents had their marriage dissolved or in which the Court determined paternity. If an action concerning the children has not previously been initiated, or if the initial determining Court no longer has jurisdiction, the grandparents may file a separate action in the county where the child resides.

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If grandparents are awarded visitation, when do they get time with the children?

If logistically possible and appropriate, the Court orders visitation by a grandparent or great-grandparent to occur when the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child. In other words, if the parents are divorced and share joint custody, the grandparents should have visitation at the same time that the child would normally be with the parent who is related to the grandparents. If for some reason a parent has been denied parenting time with a child or is unable to exercise parenting time for any reason, then the Court orders visitation by grandparent to occur when the parent would have had the visitation opportunity.

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If a child is adopted, how are the grandparents´ rights affected?

Under Arizona state law, once a child is adopted all visitation rights end. As such, if another party adopts the child, the grandparent´s visitation rights may be terminated. Grandparents with visitation rights may not even be notified that an adoption of their grandchild is pending and can have their visitation rights terminated without receiving any type of notice of the adoption.

The only exception to a termination of visitation rights is in the case of a step-parent adoption. If a parent remarries and the new spouse adopts the child, a grandparent´s visitation rights will likely remain in tact.

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Can a grandparent be awarded custody of a grandchild?

Grandparents are entitled to seek visitation under A.R.S. § 25-409. However, if grandparents wish to have more than mere time with their grandchildren, they may Petition the Court for custodial rights pursuant to A.R.S. § 25-415. In order be awarded custody of their grandchildren, the grandparents first must be able to meet the following considerations: (1) The grandparent must stand in loco parentis to the child (i.e., the grandparent must be acting as a parent to the child by providing all or some of the care for the child). (2) It must be detrimental to the best interests of the child to remain in the custody of a biological parent. (3) The child´s custody must not have been decided within the previous year, except in cases where there is potential immediate harm to the child. (4) The child´s legal parents were never married, are in the process of getting divorced or separated; or one of the parents is deceased. If the grandparent cannot meet one of these requirements, then the Court will dismiss the grandparents´ custody Petition.

In determining child custody in Arizona, the Court´s primary consideration is the best interests of the child. There is a presumption that it is in the child´s best interests to remain with a legal or biological parent. Further, under state and federal law, parents have the constitutional right to raise their children as they see fit. There is a presumption in custody cases that fit parents will act in the best interests of their children. As such, a grandparent who wishes to gain custody of a grandchild must be able to overcome the presumption that it is in the child´s best interest to remain with a parent. To overcome these presumptions in Arizona, the grandparent must be able to prove by clear and convincing evidence that it would be significantly detrimental to the child to remain in a parent´s custody.

While parents do have the right to raise their children, this right must be balanced against the best interests of the child. If it is not in the child´s best interests to remain with the parent, then the parent´s constitutional rights to raise their children may be limited. A.R.S. § 25-403 sets out the factors the court must consider in determining the best interests of the child in custody cases. These factors include: (1) the wishes of the child´s parent or parents; (2) the child´s wishes; (3) the child´s interaction and interrelationship with his or her parent or parents, siblings and any other person who may significantly affect the child´s best interest; (4) the child´s adjustment to home, school, and community; (5) the mental and physical health of all parties involved in the custody case; (6) the party more likely to allow the child frequent and meaningful continuing contact with the other party; (7) who has previously provided primary care of the child; (8) the nature and extent of coercion or duress used by one of the parties to obtain a custody agreement; and (9) whether either party has been convicted of an act of false reporting of child abuse or neglect.

If it is determined that it would be in a child´s best interests to be placed in the custody of a grandparent, the grandparent will be awarded custody of the child.

As your attorney, we will always be available to answer any questions specific to your case. The above information is general in nature and nothing herein should be construed as legal advice. Please call our office at 480-491-5152 if you desire additional information or wish to consult privately with an attorney, or click here to contact us online.

[CHILD SUPPORT]    [DIVORCE]     [GRANDPARENT RIGHTS]
[MEDIATION]     [ORDER OF PROTECTION]