623-748-4890
Lincoln & Wenk, PLLC
View Blog Navigation

Establishing grandparents' visitation rights in Arizona

The ones most affected by a troubled marriage are the children of the estranged couple. In order to provide those children with stability in their tender years, it is often the grandparents who step in to help. However, grandparents can have access to those children only after establishing visitation rights. Laws in Arizona recognize a grandparent's right to visitation and have statutes in place to enable that. For the knowledge of Maricopa County residents, the following is a brief on grandparents' rights in the state.

The first step for the grandparent wanting to establish visitation rights will be to file a petition. A grandparent has to keep in mind that the child must have resided in Arizona for at least six months. In some cases, however, it is possible to file a petition even when a child has not resided in Arizona for six months, but that is possible on a case-to-case basis. In addition, at least one of three conditions that are mentioned in the statute must be met for the grandparent to successfully obtain visitation rights.

The first of those conditions says that a grandparent can file a petition for seeking visitation rights when the parents of the child have been divorced for at least three months. The second condition says that a grandparent can seek visitation rights when at least one parent is missing or dead for at least three months. The third and final condition says that a grandparent can seek access to the child when that child was born out of wedlock and that child's parents are still unmarried at the time of filing the petition.

In matters related to grandparents' rights, courts in Arizona consider the best interests of the child as the most important determining factor. While the best interests can often be apparent in matters related to a grandparent seeking visitation rights for a child whose parents are estranged, separated, divorced or deceased, it may be a challenge to establish the same in court. In view of this challenge, grandparents may be in a stronger position if they choose to seek help from an experienced family law attorney.

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • 2015 ARAG | Elite Service Provider
  • AV | Peer Review Rated for Ethical Standards & Legal Ability | Preeminent | Martindale-Hubbell from LexisNexis
  • American Association for Justice | Formerly the Association of Trial Lawyers of America (ATLA)
  • Arizona Association of Family Law Attorneys - AZAFLA
  • Lincoln & Wenk, PLLC BBB Business Review
  • Association of Top 100 2019 | American Trial Lawyers
  • American Academy Of Trial Attorneys | AATA | Premier 100 | 2015
  • Family Law | Top 10 | Attorney And Practice Magazine's | 2018 | Attorney
  • Top Valley Lawyers 2017 | North Valley Magazine
  • American Institute of Family Law Attorneys | 10 Best 2017-2018
  • Veteran Owned Business - A Registered Vetrepreneur on Buyveteran.com - 2014
  • Avvo Top Attorney
  • Avvo Client's Choice
Email Us For A Response

Need legal help from an attorney?
Contact us now to schedule a consultation with our lawyers

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Goodyear Office:
1616 North Litchfield Road
Suite 140
Goodyear, AZ 85395

Phone: 623-748-4890
Fax: 623-536-1984
Goodyear Law Office Map

Peoria Office:
14050 N. 83rd Avenue
Suite 290
Peoria, AZ 85381

Phone: 623-748-4890
Fax: 623-536-1984
Map & Directions

Phoenix - Desert Ridge Office:
20830 N. Tatum Blvd
Suite 210
Phoenix, AZ 85050

Phone: 623-748-4890
Fax: 623-536-1984
Phoenix Law Office Map