What Are Grandparent's Rights In Arizona? Visitation, Custody And More
Navigating a divorce or death of a parent is difficult, especially when children are involved. When families are struggling through this transition, figuring out who gets to spend quality time with the kids can be a complicated matter. In this post, we discuss what you should know about grandparent’s rights in Arizona regarding visitation and custody.
Note: This article isn’t intended as legal advice, and rules regarding this may change depending on your situation. To address your business’s unique needs, talk with a divorce or family law attorney. ARTEMiS Law has decades of experience in Arizona divorce and family law and provides full-service and unbundled legal services (for those who need consultations as needed) to cater to everyone. You can contact us here to schedule a call.
What legal rights do grandparents have in Arizona?
In general, grandparent’s rights in Arizona do include visitation with their grandchildren. They allow for reasonable visitation with grandchildren so long as the following three criteria are met (from Arizona statute Title 25-409):
1. The child’s parents have been legally divorced (not separated) for at least three months
2. One parent has been missing or deceased for three months or more
3. The child’s parents were not married when the child was born
Awarding custody to a grandparent, either joint with the other parent or sole custody at the discretion of the court, is more complicated but possible, as we'll discuss later in this post.
Do grandparents have visitation rights?
First, let's discuss the scope of grandparent's visitation rights in Arizona. Typically, divorced parents receive joint parenting time by default in Arizona courts, with grandparents visiting during the time the child spends with their son or daughter.A grandparent visitation schedule could be a standard day or activity that the grandparent spends with the child. For example, if parents have joint parenting time, the grandparent requesting visitation might go to church with the child every week or have a Saturday morning activity date when the child is with their son or daughter.Grandparents might even be able to provide transportation and supervision for afterschool activities and homework. Once a grandparent’s visitation rights are established, parents can work with them to find a good balance that will best benefit the child. These details are typically not discussed in court, but can be covered in a parenting plan.
Grandparent's visitation rights in sole custody cases
Visitation can get complicated if only one parent has full legal decision-making and parenting time authority. In these types of cases, grandparents may file a petition for their own visitation rights, if their own son or daughter lost their rights.There are three basic steps in this process. What follows is a simple overview, but in contested matters, this can become much more complicated. It's always important to talk to a family law attorney about your case.
Step 1: Review the forms
Download the entire packet of forms and procedures from the Superior Court of Maricopa County to understand how the process works. These forms are available in both English and Spanish.
Step 2: Fill out and file the petition
Read the instructions for filing a petition carefully. Fill out the petition completely and to the best of your knowledge (also available in English and Spanish).A family law attorney can help with this process. You can also ask staff at the court any specific questions you have.
Step 3: Prepare for court
After completing the family court sensitive data coversheet, make the number of copies indicated on these instructions for what to do before court proceedings. You will also need to file an order to appear and make the appropriate number of copies for that as well.The order to appear informs all involved parties that a petition to establish grandparent’s visitation rights has been filed. This gives parents an opportunity to present their case against a grandparent's petition if they choose to do so.
How the court determines grandparent's visitation rights in Arizona
The court will use all of the information presented to determine if a grandparent’s visitation rights are in the best interests of the child.Some of the things a judge will consider include (from Arizona statute Title 25-409):
- The reason grandparents are seeking visitation
- Any relationship that already exists between grandparent and grandchild
- The reasons that parents would like to prevent visitation
- The amount of visitation time
- The benefit to the grandchild in preserving a grandparent’s visitation rights
What Are Grandparent's Rights In Arizona? Visitation, Custody And More | ARTEMiS Law Firm
Petitioning for a grandparent’s visitation rights can be complex. You must file forms in a certain order to specific parties. It is always best to consult with an Arizona family law attorney before proceeding.
How to stop grandparent's visitation rights in Arizona
While many parents want their children to have ample time with willing grandparents, in some cases, this is not true. If time with their grandparents is unsafe or not in the best interests of the child, there are steps parents can take. They may be able to prevent, modify, or add conditions to a grandparent’s time with the child.In some cases, parents who are successfully sharing parenting time and have an amicable arrangement can decide between themselves to limit a grandparent’s visitation rights in Arizona. This may be part of a parenting plan that is filed with the court in a divorce proceeding.In cases where parents disagree on grandparent’s visitation, a court may have to decide. The parent petitioning to stop, modify, or limit a grandparent’s visitation must file a protective order with the court. They may also go to court to modify a parenting plan. A third party mediation can also help them come to an agreement.
What are grandparent's custody rights in Arizona?
In some cases, grandparents can apply for either sole or joint custody if it is in the best interests of the child. In order to request this, all of the following must be true (from Arizona statute Title 25-409):
- The petitioner stands in loco parentis to the child (in place of the parent)
- It would be physically, mentally, socially, or emotionally inappropriate for the child to remain in the care of either legal parent
- No other legal decision-making or custody court orders regarding the child have been made within one year (unless the child's physical, mental, moral or emotional health is in serious danger)
Additionally, at least one of the following must apply:
- One of the parents is deceased
- The child's parents are not married to each other at the time the petition is filed
The process of gaining custody of a grandchild is much more complex than petitioning for visitation. It is important to speak with a qualified Arizona attorney who has advanced experience with divorce and child custody cases, as each case is different.
Have more questions about grandparent's rights in Arizona? ARTEMiS Law Firm has a team of attorneys who are dedicated to helping families navigate this complex process. Give us a call today to talk about your situation.
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