Grandparent Rights in Arizona
Grandparents form an important part of extended families. In some families, grandparents are like another set of parents to children. Most grandparents care deeply for their grandchildren. If a child’s parents or guardians are failing in their duties, the grandparents might wish to step in and help.
In Arizona, grandparents can legally seek custody of grandchildren or visitation rights under the statutes A.R.S § 25-409. A grandparent must go to family court for these rights, and these petitions are carefully reviewed by a judge. The court decision will be based on what’s legally called the “best interests of the child.” Therefore, grandparents who want legal custody, visitation rights, or seek to adopt a grandchild should consult with Family Law help in Scottsdale.
How Can Grandparents Get Visitation Rights?
If a child’s parents deny the grandparents visitation rights under any circumstance, the grandparents can file a petition in court in Arizona. The court will consider the petition if the following conditions are true:
- The child’s parents were never married.
- The grandparent is the parent of a deceased or missing (for at least 3 months) parent of a child.
- The petitioning grandparent is the parent of a non-custodial parent of a child, where the child’s parents are divorced and have been for at least three months.
If the above conditions are not met, it’s unlikely the court will consider the petition. Exceptions may be granted in the case of extraordinary circumstances, such as abuse. These considerations fall under the child’s best interests category.
Eligibility of the Grandparent
Grandparents petitioning for custody are required to meet certain eligibility criteria as set by Arizona law. The requirements go as follows:
- The child’s legal parents should be deceased, in the process of getting divorced or legally separated, or were never married
- For the grandparent to get custody of a child, then remaining in the parent’s custody must be detrimental to the child’s well-being.
- The grandparent must be able to be “in loco parentis” to the child, meaning that the grandparents will provide the same care and support as a parent.
- The custody of the child should not have been decided in the previous year (exceptions are granted in cases where the child could be harmed).
If the above eligibility requirements are not met, then the petition will be dismissed.
How Does an Arizonian Court Determine the ‘Best Interests of the Child’?
Under Arizona law, a court must consider “all relevant factors” when determining the best interests of the child. In family law, there are actually five statutory factors that courts always consider when approving a petition. Here are those factors as follows:
- The relationship the grandparent has with the child in historical terms
- The reason that the grandparent is petitioning for visitation rights
- Why the parents may have denied the grandparent visitation rights
- The impact of visitation on the child’s life or activities if the court grants the grandparent visitation rights, depending on the amount of visitation the petitioner seeks
- If a parent, or both, are deceased, the benefit grandparent’s visitation will have on other extended members of the family
When Can Grandparents Petition for Visitation Rights
Grandparents can go to the family court directly for visitation rights. If the parents are getting a divorce or are in the middle of a custody battle, then a grandparent can sometimes file the petition as part of the divorce or custody proceedings. Consult with a lawyer for more specifics on when to file.
Grandparents can also formally adopt a child, but these types of petitions are subject to a different set of laws. Your family lawyer will be able to assist you in explaining these laws.
Grandparent Rights in Arizona
Grandparents form an important part of extended families. In some families, grandparents are like another set of parents to children. Most grandparents care deeply for their grandchildren. If a child’s parents or guardians are failing in their duties, the grandparents might wish to step in and help.
In Arizona, grandparents can legally seek custody of grandchildren or visitation rights under the statutes A.R.S § 25-409. A grandparent must go to family court for these rights, and these petitions are carefully reviewed by a judge. The court decision will be based on what’s legally called the “best interests of the child.” Therefore, grandparents who want legal custody, visitation rights, or seek to adopt a grandchild should consult with Family Law help in Scottsdale.
How Can Grandparents Get Visitation Rights?
If a child’s parents deny the grandparents visitation rights under any circumstance, the grandparents can file a petition in court in Arizona. The court will consider the petition if the following conditions are true:
- The child’s parents were never married.
- The grandparent is the parent of a deceased or missing (for at least 3 months) parent of a child.
- The petitioning grandparent is the parent of a non-custodial parent of a child, where the child’s parents are divorced, and have been for at least three months.
If the above conditions are not met, it’s unlikely the court will consider the petition. Exceptions may be granted in the case of extraordinary circumstances, such as abuse. These considerations fall under the child’s best interests category.
Eligibility of the Grandparent
Grandparents petitioning for custody are required to meet certain eligibility criteria as set by Arizona law. The requirements go as follows:
- The child’s legal parents should be deceased, in the process of getting divorced or legally separated, or were never married
- For the grandparent to get custody of a child, then remaining in the parent’s custody must be detrimental to the child’s well-being.
- The grandparent must be able to be “in loco parentis” to the child, meaning that the grandparents will provide the same care and support as a parent.
- The custody of the child should not have been decided in the previous year (exceptions are granted in cases where the child could be harmed).
If the above eligibility requirements are not met, then the petition will be dismissed.
How Does an Arizonian Court Determine the ‘Best Interests of the Child’?
Under Arizona law, a court must consider “all relevant factors” when determining the best interests of the child. In family law, there are actually five statutory factors that courts always consider when approving a petition. Here are those factors as follows:
- The relationship the grandparent has with the child in historical terms
- The reason that the grandparent is petitioning for visitation rights
- Why the parents may have denied the grandparent visitation rights
- The impact of visitation on the child’s life or activities if the court grants the grandparent visitation rights, depending on the amount of visitation the petitioner seeks
- If a parent, or both, are deceased, the benefit grandparent’s visitation will have on other extended members of the family
When Can Grandparents Petition for Visitation Rights
Grandparents can go to the family court directly for visitation rights. If the parents are getting a divorce or are in the middle of a custody battle, then a grandparent can sometimes file the petition as part of the divorce or custody proceedings. Consult with a lawyer for more specifics on when to file.
Grandparents can also formally adopt a child, but these types of petitions are subject to a different set of laws. Your family lawyer will be able to assist you in explaining these laws.
All states have recognized grandparent visitation rights for decades. Grandparent rights ensure that children have access to the benefits of having grandparents in their lives. Grandparents may exercise their custody rights when the child’s parents are unable to care for their child
Grandparent Custody Requirements
Statutory provisions for child custody are usually less specific than grandparent visitation. First, courts must consider the parent-child relationship with each parent.
If either or both parents are alive, courts in most states will presume that the parents of the child should retain custody. The court will always put the best interests of the child first. Ultimately, the court prioritizes the safety and well-being of the child.
The court will consider several different factors to make this decision. For example, the court might consider the child’s wishes if the child is old enough. The court will look at the physical health and mental health of each parent. They will also consider any history of domestic violence or substance abuse.
If the court finds one is an unfit parent, they might terminate their parental rights. This typically only happens when there has been severe abuse and neglect of the child and the parent has been given ample opportunity to change the situation. They might lose legal or physical custody of the child. The court also might order the parent who does not have primary physical custody to pay child support through a court order.
Grandparents must generally prove the parent is unfit to convince the court to award custody to them. It’s generally very difficult for a grandparent to get custody of their grandchild against the parent’s wishes. Other non-parents and family members might also petition the court for custody of a child.
Grandparent Visitation Requirements
Grandparents generally have to meet certain conditions before they can be granted court-ordered visitation. In a majority of states, courts must consider the marital status of the biological parents. Then, the court will evaluate the relevant factors to determine if visitation is appropriate.
Some states consider marital status only when the parents deny visitation rights to the grandparents. In other states, marital status is a factor if the grandchild has lived with the grandparents for a specific duration.
A minority of states require that at least one parent is deceased before a court can award visitation to the parent of the deceased parent of the child. For example, the court may award a maternal grandparent in one of these states with visitation only if the mother of the child is deceased.
In every state, grandparents must prove that granting visitation to the grandchild is in the best interest of the child. Several states also require that the court consider the grandparent-child relationship. They might also consider the effect of grandparental visitation on the relationship between the parent and child. They will also consider the possibility of harm to the grandchild if visitation is not allowed.
Effect of Adoption on Grandparent Visitation Rights
State statutes vary in their treatment of cases in which a grandchild has been adopted. In several states, adoption by anyone—including a stepparent or another grandparent—terminates the visitation rights of the grandparent.
In some states, adoption by a stepparent or another grandparent does not terminate visitation rights, but adoption by anyone else terminates visitation rights. In other states, adoption does not affect the visitation rights of grandparents as long as other statutory requirements are met.
Learn More About Your Rights as a Grandparent From an Attorney
Most grandparents would give anything to spend more time with their grandchildren. But family relationships can get complicated. Most state laws recognize the rights of individuals to visit with their grandchildren.
Find out how this could impact your family by talking to an experienced family law attorney. An attorney can provide valuable legal advice about your situation. Lawyers can help with child custody cases, resolve custody disputes, and represent you in family court.