What rights do grandparents have in Arizona?
The grandparent-grandchild relationship is one of the most special bonds. If your son or daughter is going through a divorce and you wish to protect your relationship with your grandchildren at all costs, a divorce lawyer at The Skupin Law Group, PLLC can assist you! Under Arizona law, you have the right to seek visitation, custody, or even adoption of grandchildren.
Your Visitation Rights
According to ARS §25-409, you may petition the court for visitation rights as long as it is in the child’s best interests and as long as one of the following is true:
- The child’s parents have been divorced for three months
- One parent has been deceased or missing for three months
- The child’s parents were never married
The court will take into consideration the following:
- Relationship between the grandparent and the child
- Motivation of the grandparent seeking visitation rights
- Motivation of the parent in denying visitation
- Amount of visitation sought by the grandparent
- Benefit of maintaining visitation
- How grandparent visitation would affect the child’s life
One spouse cannot object to a child seeing their grandparents without the express authorization of the court. If both parents object to your visitation rights, you may be able to overturn this objection by providing to the court that the visitation would be in the child’s best interest. You will have to fill out a petition for visitation rights.
Your Custody Rights
Searching for an attorney for a grandparents’ rights case in Phoenix? If you believe it would be detrimental for your grandchildren to be in the custody of their legal parents, you can fight for custody. This is a difficult burden to prove, however, as the court will usually uphold that the parents have the right to the custody of their children.
To overturn this right, you will have to prove that awarding custody to your grandchildren’s’ parents would not be in their best interests. If you can prove that you have stood “In loco parentis” (or if you have formed a meaningful parental relationship with your grandchild for a significant period of time) you could be awarded custody.
Your Adoption Rights
Need an attorney for your grandparents’ rights case in Phoenix, AZ? You have the right to adopt your grandchild if you meet certain requirements. Usually the first step in this process is to seek temporary custody of your grandchild first. Grandparents’ rights can easily become a volatile subject, so it is important that you secure knowledgeable, experienced legal services on your side immediately!
For more information about how you can continue to spend time with your grandchildren after their parents have undergone a divorce, contact Skupin Law Group, PLLC.