The rights of grandparents to have time with their grandchildren is governed by A.R.S. 25-409. This section applies in general to persons who are not a biological parent of the children in question.
In order to file for visitation rights, the grandparents must show that it is in the child’s best interest to have time with them and meet one of the following criteria:
1. 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.
2. 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.
3. For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months.
If you are considering filing for grandparent visitation you should consult with an experienced family law attorney. Call 623-536-5500 today to schedule your appointment.