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What are Grandparents’ Rights in Arizona After Divorce?


The consequences of divorce are felt beyond just the immediate family. It can be extremely difficult on grandparents, who might wonder if they will be able to continue seeing their grandchildren.

Grandparents have the right to see their grandchildren. Moreover, in certain circumstances grandparents can pursue primary custody of the child or children. No matter your situation, contact David M. Wilson Law Office to help make sure your rights are protected.

So, What Rights do Grandparents Actually Have?

There’s no question grandparents add to the quality of life for their grandchildren. However, that relationship can be dramatically altered during a divorce. For the longest time, child visitation and child custody was decided by parents. But an amendment to state law in the early 1980s allowed for third parties, including grandparents, to petition the courts for visitation and custody rights.
The court may grant visitation rights to grandparents; however, it must be in the best interest of the child. Additionally, according to the Arizona Revised Statutes, one of the following must apply:

One of the legal parents is deceased or has been missing at least three months.  For the purposes of this paragraph, a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency.

The child was born out of wedlock and the child's legal parents are not married to each other at the time the petition is filed.

For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months.

How is the Child’s Best Interests Decided?

Under Arizona law, whenever deciding to grant visitation rights to a third party, deference will be given to what the parents think is in the best interests of the child. However, the court will consider a number of factors, including: 

The historical relationship, if any, between the child and the person seeking visitation.

The motivation of the requesting party seeking visitation.

The motivation of the person objecting to visitation.

The quantity of visitation time requested and the potential adverse impact that visitation will have on the child's customary activities.

If one or both of the child's parents are deceased, the benefit in maintaining an extended family relationship.

Hire an Experienced Family and Divorce Attorney

If you are a grandparent and want visitation or custody rights, then you will have to petition the court to do so. So, whether you simply want to ensure you have visitation rights or custody of a grandchild, our experience team at David M. Wilson Law can help you through this legal process.

You need an experienced and knowledgeable family attorney when court proceedings are unavoidable. You can count on more than 25 years of experience with Davis M. Wilson.

David Wilson Law is here to help you during difficult family law issues. We represent clients on either side of any family issue and do our best to help both parties live in peace and coexist.

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