What Rights Do Grandparents Have To See Their Grandchildren?
Grandparents’ rights in a divorce or a family law case are different than the grandparents’ rights in a Department of Child Safety case. Arizona recognizes that children in foster care should be placed with grandparents where possible. For those cases, grandparents often have to file to become a party to the Department of Child Safety case. They will have to file a motion for the court to even be heard.
In family law, grandparents have to meet the qualifications under the statute to be granted rights, which essentially require that either one of the parents is deceased or the parents are unmarried or divorced. If the parents are married to each other, it is very difficult to get grandparents’ rights because the court presumes that the two parents make decisions in the best interest of their children.
Under What Circumstances Can A Grandparent Seek Visitation Legally?
If the parents of the child are happily married, then a grandparent has no recourse when access to the child is denied. They have to be divorced for at least three months or one parent must be deceased or missing for at least three months, to establish visitation rights. Even then, the judge would have to evaluate whether it is in the best interest of the child to have that visitation. The motivation of the grandparents, the motivation of the person who is not letting visitation occur, how much time is requested, and if that time will impact the customary activities of the child will be considered. If visitation disrupts the child’s schedule too much, the judge could deny it.
Additional Information On Grandparent’s Guardianship
In order for a grandparent to become a guardian, we have to make sure that they have a clean background with no criminal record or history of Department of Child Safety or Adult Services cases. However, we have placed children with grandparents who have these histories. We can apply for waivers, depending on what the charge was and when it occurred.
For more information on Grandparent’s Rights In The State Of Arizona, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (623) 666-5771 today.
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