Grandparents

Grandparent Visitation Rights

Arizona law affords grandparents and great-grandparents visitation rights with their grandchildren in certain circumstances.  Grandparents or great-grandparents may be granted visitation rights with their grandchildren if the parents are divorced, deceased and when the child is born out of wedlock. 

Before establishing grandparents’ visitation rights the court determines if a historical relationship exists and if there are any extenuating circumstances that must be taken into account.  It is important to realize that grandparents cannot simply assert their rights unconditionally.  The best interest of the child is a primary consideration and the grandparents or great-grandparents will not be granted visitation if the court finds that such visitation is not in the best interests of the child.

Grandparents typically may join an action between the parents, or even start an independent action, for the purpose of obtaining a court order for visitation with grandchildren.  If a grandparent is granted visitation the court will order that the children be made available to the grandparent on specific day for a specified amount of time.

If you have had the care and control of you grandchildren for an extended period of time, it is critical for you to act expediently to secure your rights.  Waiting even a couple of months, before filing for grandparent visitation or in loco parentis, may damage your case.