Grandparents Rights in AZ
Grandparents Rights in AZ
Grandparents’ rights cases involve complex issues, strict deadlines, and a knowledge of family law. If the Department of Child Safety has custody of a child (child custody), legal representation is often necessary to protect the rights of grandparents without compromising the child’s best interest.
Let us help you navigate this difficult process and ensure that your rights and your grandchildren’s needs are represented. We know how to work with the Arizona Department of Child Safety (DCS), and we will make sure your voice is heard.
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Family Law: Arizona Grandparents
What is the family law focusing on grandparents’ rights in the state of Arizona? The state of Arizona together with the Arizona Department of Child Safety (DCS)—has a provision allowing grandparents to bear visitation rights over the child’s parents’ objection. There is a proper process that grandparents need to follow to obtain their visitation rights to their grandchildren regardless of the child’s parents’ objection
In some families—grandparents are primarily involved in child-rearing—and even act as the primary caretakers of the children. In line with this—there is an increasing number of grandparents—who are exercising their rights for maintaining a relationship with their grandchildren.
For the Grandparent’s visitation rights to be given—Family law in Arizona states that the Superior Court needs to verify first that the following scenarios are truthful:
The marriage of the child’s parents has been dismissed for at least three (3) months
If the child was born out of wedlock
If the parents or one of the child’s parents of the child is deceased or has reportedly been missing for at least three (3) months. (“Missing” is defined as; the child’s parents’ location can not be located, or the parents have been legally reported missing to authorities.)
If the court finds that regular visitation from the child’s grandparents’ is in the child’s best interests, then the court may grant the grandparents’ visitation rights. Joshua Fry Lawfirm can work together with the Arizona Department of Child Safety (DCS)—to help grandparents in Arizona practice their visitation rights.
Determining the Child’s Best Interests
The court must give special weight to the legal parent’s opinion with the help of DCS involving what is in the child’s best interests. These are the relevant factors that the court and judge must consider:
- The child’s historical relationship between the grandparents or the person filing the visitation rights petition.
- The grandparents’ reasons for filing the visitation rights petition
- The grounds of the person opposing visitation.
- The amount of visitation time demanded and the probable negative effect that visitation might have on the child’s day-to-day activities.
- If one or both parents of the child are deceased—the welfare in retaining an extended family relationship.
In some families—grandparents are primarily involved in child-rearing—and even act as the primary caretakers of the children. In line with this—there is an increasing number of grandparents—who are exercising their rights for maintaining a relationship with their grandchildren.
Grounds for the Grandparents Petitioning for Visitation Rights
The statute requires that the grandparent’s petition needs to be in the same case in which the child’s parents had legally dissolved their marriage; by a different case in the same county where the child lives if no action has been filed; if the court joining the decree of annulment or determination of maternity/paternity no longer has jurisdiction.
However—all visitation rights are automatically terminated when the child is placed for adoption. Though—it is an exemption when the adoption application was set by the new legal partner (remarried) of the child’s biological parent.
Suppose the court discovers that it is reasonable to grant the petition for visitation rights to the grandparents or third party. In that case, the court shall order that the time for visitation should occur when the child is visiting the parent who is their relative.
To elaborate—the third party can only visit the child when the child is visiting the parent—which is related to the third party. However—if it is not possible because maybe the parent is deceased, has no visitation rights, missing—the court may order that the visitation of the third party should only occur when the parent would have acquired visitation time.
Who has the Full Control Over the Grandparents’ Visitation Times?
During the year 2000—when the U.S Supreme Court ruled that the child’s parents take full control of the Grandparent’s visitation times—the Grandparents’ visitation rights took a setback.
However—in 1983—Arizona’s legislature amended the Arizona law to include the Arizona Revised Statute § 25-409. The Arizona Revised Statute § 25-409 covers grandparents’ and third-party rights for child visitation. The child’s grandparents’ are allowed to file a petition to the Arizona court for the visitation of their grandchild and the court may grant the petition if and only if—the court finds that it is in the childs best interest.
What if the Child is Set for Adoption?
The visitation rights end the moment the child is set up for adoption. However—the child’s step-parent or the new spouse of the child’s mother/father is an exception. If the child is released from his/her home of adoption—the court can reinstate the grandparent’s visitation.
Arizona Family Law Attorney | Joshua Fry Law Firm Helps Grandparents’ Claim and Exercise Visitation Rights
It becomes a lot more difficult when the remaining child parent (who presumably holds sole custody) is objecting to the child’s grandparent visitation rights. The top-rated family law firm—Joshua Fry Law Firm is here to help grandparents and third parties claim and exercise their visitation rights.
We at the Law Office of Joshua Fry truly understand that overcoming the assumptions and proving that you are worthy to be granted your grandchild’s visitation rights is difficult.
We are family law experts—helping grandparents to be granted visitation rights. We can help in increasing your chances of winning your visitation rights petition.