Grandparents’ Rights in Arizona: What You Should Know
Grandparents play an important role in the lives of many children in Arizona. In some cases, when a parent prevents a grandparent from being able to see a child, the consequences can be heartbreaking. Deep, loving bonds may be lost.
Under other circumstances, grandparents may need to seek the custody of their grandchildren for various reasons. Arizona law allows grandparents to pursue visitation rights with their grandchildren, and they may be granted child custody or adoption rights in some instances.
In this article, we will take a closer look at grandparents’ rights in Arizona and what steps individuals may need to take to exercise these legal rights.
Arizona Grandparents’ Visitation Rights
Arizona law provides that the court may grant a grandparent or great-grandparent reasonable visitation with a child if the judge believes that such contact would be in the child’s best interests.
Court considerations when granting grandparents’ visitation rights
When grandparents request visitation rights, the superior court will consider a number of relevant factors.
Visitation is granted based on what is considered best for the child and when any of the following is true:
- One of the child’s legal parents is deceased or has been missing — the parent’s location has not been determined, and the parent has been reported missing to law enforcement for 3 or more months
- The child was born out of wedlock, and the child’s legal parents are not married to each other at the time the grandparent is seeking visitation
- The child’s parents have been divorced for 3 or more months
- In instances where a grandparent has served in loco parentis (taking on parental obligations), the child’s parents must have already begun divorce or legal separation proceedings
In deciding grandparents’ visitation rights and determining what is in the child’s best interests, the law specifically states that the court should give special weight to the opinion of the child’s legal parents. That said, the court does not wish to deny grandparents the right to see their grandchildren for arbitrary reasons.
Thus, the court will consider the following factors when establishing what is most advantageous for the child:
- The historical relationship between the child and grandparent
- The grandparents’ motivation for seeking visitation rights
- The motivation of the parent who is denying visitation to the grandparent
- The amount of visitation time being requested and the potential negative impact that it might have on the child’s customary activities
- Whether there is any benefit in maintaining an extended family relationship with the grandparent if one or both of the child’s parents are deceased
Grandparents can have a positive and stabilizing impact on the lives of their grandchildren. Regular association with grandparents can be especially important when a child goes through a traumatic event.
Family circumstances differ, and each visitation request is unique. However, the family court will endeavor to weigh each aspect fairly when coming to a decision.
Petitioning for grandparents’ visitation rights
To seek visitation rights, grandparents will need to file an official petition with the court. The petition must be verified or supported by an affidavit and must include detailed facts supporting the grandparents’ request for visitation rights.
Furthermore, if the child’s parents were divorced or had a paternity determination, the grandparents’ petition for visitation must be filed in the same action in which the family court previously decided legal decision-making and parenting time. If no court case has previously been filed, the petition should be filed on its own in the county where the child resides.
After the petition for visitation time is filed, the grandparents must serve copies of the petition, the affidavits, and any other supporting documents to each of the following parties:
- The child’s legal parents
- Any party who has legal decision-making authority over the child or who has visitation rights
- The child’s guardian or guardian ad litem (an individual appointed by the court to look after the child’s best interests)
- A person or agency that maintains physical custody of the child or claims legal decision-making authority or visitation rights concerning the child
- Any other agency or person who has previously been named in the original action
The parties who are served a copy of the petition will have the opportunity to file an objection to the visitation time requested by the grandparents. If there are objections to the petition, a hearing will be held in which clear and convincing evidence can be presented so the court can reach a decision.
Petitioning for grandparents’ rights in Arizona can be a complicated and emotionally taxing endeavor. It is advisable to consult an experienced family law attorney before making any big decisions. He or she can explain the legal process and help you chart the best course for you and your grandchildren.
When visitation time is granted to grandparents
When an Arizona court determines that it is in the child’s best interests to grant visitation rights to grandparents, visitation times are established. The visitation times are ordered to happen when the child is residing or spending time with the parent through whom the grandparents are related.
In the event that a parent is deceased, the court may order that the visitation occurs when the deceased parent would have had visitation time with the child.
Grandparents’ Custody Rights in Arizona
Under Arizona law, there is a rebuttable presumption that it is in the child’s best interests to award custody to a natural parent. It is believed that under regular circumstances, a child’s physical, psychological, and emotional needs are best met when reared by his or her legal parents.
According to the state statute, grandparents may rebut this presumption only with proof showing by clear and convincing evidence that awarding legal decision-making to the legal parents is inconsistent with the child’s best interests.
When grandparents seek custody of their grandchildren, it is critical that the state’s legal requirements for obtaining custody are met. Failing to go through the proper channels can result in legal repercussions and additional trauma for your family.
Relevant Factors in Granting Permanent Child Custody to Grandparents
Coming to recognize that your grandchild’s parents are unfit to fulfill their parental obligations can be extremely difficult. However, if this is your situation, you may wish to petition the court for decision-making authority for your grandchildren in order to obtain legal custody.
When petitioning the court to obtain custody of your grandchildren, you will need to establish that the following is true:
- You, as the grandparents, have been serving in loco parentis, or acting in the capacity of parents, to the child
- It would be harmful to the child to remain or be placed in the care of the legal parent who has or is seeking custody
- A court has not issued an order for legal decision-making or parenting time within a year unless there is reason to believe the child’s present environment puts him or her in danger from physical, mental, moral, or emotional harm
Additionally, to obtain grandparent custody, one or more of the following must apply:
- One of the legal parents is deceased
- The legal parents are not married to each other at the time the petition to obtain custody is filed
- There is a pending proceeding for divorce or for legal separation of the legal parents at the time the petition is filed
If the superior court does not find that these factors exist, the petition to obtain grandparent custody and legal decision-making authority will be denied. Therefore, it is critical that the facts of your case are firmly established before you petition the court.
When seeking temporary custody or permanent legal custody of your grandchildren, a grandparents’ rights attorney can guide you through the court system. Furthermore, he or she can help you gather evidence and the necessary documents in order to file a robust custody petition.
Arizona Grandparents’ Rights and Adoption
If your grandchild is adopted or placed for adoption, your grandparent visitation rights will be terminated. However, if the child’s natural parent remarries and the stepparent adopts the child, your rights to visitation will not end.
In the event the child is removed from an adoptive placement, you may be granted visitation rights again by the court.
Furthermore, Arizona law allows grandparents to petition the court to adopt a child. Courts often favor placing children in homes where they have an already-established extended family relationship.
The child’s best interests should always come first. Depending on the circumstances, grandparents may be able to provide a home that well meets the child’s physical needs while safeguarding his or her mental and emotional health.
Reach Out to Compassionate Family Law Lawyers When Your Arizona Grandparents’ Rights Are in Question
The prospect of losing your grandparents’ rights in Arizona can be absolutely devastating. Whether you are seeking visitation or wish to obtain custody of a grandchild, the stakes are incredibly high. There is no reason to try and navigate this emotionally exhausting situation on your own.
The well-practiced and empathetic attorneys at Brown Family Law are adept at handling all manner of grandparents’ rights cases. Pursuing your legal rights can present a number of challenges. However, with the right legal team on your side, you maximize your chances of a court judgment in your favor.
We pride ourselves on helping Arizona grandparents like you preserve precious relationships with their grandchildren. When it comes to protecting your legal rights, you need a law firm you can trust.
We provide affordable and understanding family law services. Please get the help you need today. Call 480-882-0767 or use our online contact form to schedule a consultation and case assessment. With Brown Family Law advocating on your behalf, you have every reason to be optimistic about preserving your grandparents’ rights and the children’s future.
