Grandparents’ Rights in Arizona
The state of Arizona has a grandparents’ rights law in effect that permits grandparents to obtain visitation rights, even over the objections of the child’s parents. Nevertheless it can be a difficult hurdle to clear. That is why it is vital that grandparents seeking visitation rights consult with the experienced and compassionate Tucson grandparents’ rights attorneys at Dorris Law Group for a no-cost, no-obligation consultation today to learn how we can help them get their grandchildren back in their lives.
Factors Affecting Arizona Grandparents’ Visitation Rights
In order for a grandparent to petition for visitation rights, certain factual conditions must exist. Initially, it must be proven either that the marriage of the parents has been dissolved for at least three months, that a parent of the child is deceased or has been missing for at least three months, or, that the child was born out of wedlock. Then the judge will look into what is in the child’s best interests. In determining what is in the child’s best interest, Arizona’s grandparents’ rights law mandates that the court consider all relevant factors, including:
- The closeness of the relationship between the grandparent and child
- The reasons the grandparent is seeking visitation rights
- Any justification in the parent denying visitation
- The length of visitation being sought by the grandparent
- The potential impact granting visitation rights could have on the child’s life and other activities
Grandparents seeking visitation rights in Arizona may bolster their attempts by contacting the visitation rights attorneys at Dorris Law Group.
Grandparents Seeking Adoption In Arizona
If both parents are deceased, or have otherwise relinquished custody, grandparents have the right to adopt their grandchild, provided they meet Arizona’s adoption criteria. Generally, the grandparent in such a case will first have temporary custody of the child and then seek a full adoption.
Grandparents Seeking Custody In Arizona
Parental rights are recognized as constitutional ones. There is a presumption that it is in the child’s best interests to remain with his or her legal parent. However, in some instances, grandparents are able to obtain custody even when one, or both, of the child’s parents are living and objecting. The grandparent must be able to prove by clear and convincing evidence that it would be significantly detrimental to the child to remain in the parent’s custody.
Grandparents seeking custody over parental objections must prove that they have been providing care to the child and it is not in the best interests of the child to remain in the parent’s custody. Among the factors the court will consider are the wishes of the child and the child’s parent, the part the grandparents and parents play in the child’s life, potential environmental adjustments, the health of the parties, who is most likely to cooperate in ensuring contact between all the parties, and, who has provided primary care of the child. Overcoming this presumption requires much work and great skill.
Contact Our Tucson Lawyers for a Free Consultation
A grandparents’ rights lawyer at Dorris Law Group will put together the most compelling case possible to protect the best interests of your grandchild. Contact us online or call 520-622-4866 today for your no-cost, no-obligation consultation.