When a couple is getting a divorce, not only do they suffer, but the whole
family goes through the pain of this difficult time, including grandparents.
The strong bond of the grandparent/grandchild relationship should be maintained.
If you are in jeopardy of losing your relationship with your grandchildren,
contact our Arizona Grandparents’ Rights Attorneys today to discuss
Arizona Grandparents Visitation Rights.
Maintaining good relationships with grandchildren and open communication
with their parents can be key to preserving contact. Sometimes a dispute
can be resolved without the expense and fees of getting the Court to order
visitation for the grandparents. We can help you come up with a legally
binding solution that benefits all sides.
Arizona Revised Statute §25-409, grandparents may petition the Court for visitation rights
so long as it is in the child’s best interests to have visitation
with the grandparent and one of the following is true:
• The child’s parents have been divorced for at least 3 months
and the grandparent is the parent of the child’s non-custodial parent
• One of the child’s parents has been deceased or missing for
at least 3 months and the grandparent is the parent of the child’s
deceased or missing parent
• The child’s parents were never married
In determining the best interests of the child, Arizona law requires the
court to consider all “relevant factors,” including:
• The historical relationship between the grandparent and child
• The motivation of the grandparent in seeking visitation rights
• The motivation of the parent in denying visitation
• The amount of visitation sought by the grandparent and any impact
this may have on the child’s life and activities
• The benefit of maintaining visitation with extended family members
in cases where one or both parents are deceased
Grandparents seeking visitation rights should petition the Court as part
of the divorce proceeding or paternity proceeding, if either is held.
Otherwise, the grandparents can petition the Court independently for visitation.