Asserting The Visitation Rights Of Grandparents Following Parental Divorce
The law governs grandparents’ rights in Arizona. Arizona Revised Statute 25-409 governs the rights of third parties, including grandparents who seek visitation or custody of their grandchildren.
In order to file for grandparent visitation, the parents of the child with whom they are seeking visitation must not be married to each other or in the process of getting a divorce. Grandparents can also seek visitation if one of the legal parents is deceased.
The Court Will Be Working To Serve The Best Interests Of The Child
The law presumes that the best interest of the child is served by awarding the legal parents legal decision-making. However, the grandparents may rebut this presumption with clear and convincing evidence that awarding legal decision-making to a parent is not in the child’s best interest.
Likewise, a grandparent seeking to obtain visitation with the minor child must show that it is in the child’s best interest. The court will give special consideration to the wishes of the legal parent, but also will consider other factors, including:
- Amount of visitation requested
- Motivation of the grandparents requesting visitation
- Motivation of the parent objecting to visitation to the wishes of the legal parent
- Historical relationship between the grandparents and the child
- The impact on the child’s customary activities (school and extracurricular)
- Benefit of maintaining an extended family relationship if one of the parents is deceased
Let Us Help You Assert Your Rights As A Grandparent
At Lincoln & Wenk, PLLC, we provide dedicated protection of grandparents’ rights. Whether your case obtains a resolution through mediation or litigation, our lawyers will stay at your side every step of the way. We always take an honest approach to your matter, and we will help you set realistic expectations.