Grandparents often play an important role in the lives of children, especially when one or both parents are absent. Grandparents may help with the upbringing of their grandchildren, and at times, they become the closest family members. Unfortunately, certain situations may lead to a lack of court-enforceable rights to see their grandchildren. Understanding how the courts handle grandparent visitation rights in Arizona can help make the right decisions.
Grandparent Visitation Rights in Arizona
As far as grandparent visitation rights are concerned, the Arizona Family Court prioritizes the best interests of the children. In most cases, this usually means prioritizing the rights of the legal parents, which could be either biological or adoptive. However, grandparents can petition the court for visitation rights with a grandchild. The court may grant them the petition if it finds that the visitation would be in the best interests of the child. Some of the situations that may lead to this outcome include:
- One of the child’s parents is deceased or has been missing for three or more months.
- The child’s parents have been divorced for three or more months.
- The child’s parents are unmarried, and the child was born out of wedlock.
- The grandparent has served in loco parentis, and the child’s parents are divorced or have a legal separation case pending.
In making the decision, the court must find that the grandparents’ visitation would be in the best interests of the child. The key factors that the court considers before making this determination include:
- The relationship between the child and the grandparent in the past
- The motivations of the parent who is denying visitation to the grandparent
- The motivation of the grandparent for seeking visitation rights
- The amount of visitation time being requested
- Potential negative impact that the visitation time 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
Generally, grandparents who are unable to see their grandchildren in Arizona can petition the court for visitation. The petition, which is known as Grandparent Rights or Third Party Rights, can result in the courts providing temporary orders for the grandparents to visit their grandchildren.
Temporary Orders for Grandparents’ Visitation in Arizona
There is usually a need for temporary orders for grandparents’ visitations due to family dynamics. In many families, the grandparents tend to develop special relationships with their children. When a parent prevents the grandchildren from seeing the grandparent, it can have negative impacts on both the child and the grandparent.
Once the court has determined that granting visitation rights to a grandparent is appropriate, then the visitation times will be ordered. This will happen when the child visits the parent, that is, the grandparent’s relative. In cases where the parent is deceased, the court orders may include visitation during the times the deceased parent would have had visitation with the child.
Among the issues that may arise is proving that the parents’ divorce or that a parent was deceased before the grandparent filed a petition for visitation. While this ought to be straightforward, it can become difficult if the parent who has custody of the child objects to the visitation petition by the grandparent. Such issues make it necessary to involve an experienced attorney to guide you through the process and increase the chances of a favorable outcome.
Get Legal Support from Schill Law Group
At Schill Law Group, we understand that getting child visitation rights can often be complicated. While in a perfect world, everything can be smooth with the grandparents having the chance to see their grandchildren at any time, it is often not the case. If you are struggling to navigate this issue or understand how Arizona courts handle visitation rights for grandparents, get in touch with us today. You can call us at (480) 680-7432 for a free consultation.
