Grandparent Visitation Rights

Scottsdale Family Law Attorney

Arizona Grandparent Visitation Rights Lawyer; serving Fountain Hills, Scottsdale & all the Northeast Valley

We have helped numerous clients in Scottsdale, Paradise Valley and Fountain Hills when they ask us: “I am a grandparent and want to see my grandchildren even though their parents are divorced. Can a family law attorney help?”

Arizona’s grandparent visitation statute provides that grandparents—and great-grandparents—may be granted legal visitation rights in certain circumstances. Grandparents may get these rights if the court determines that those rights are in the best interests of the child and if any of the following are true:

  • The marriage of the parents of the child has been dissolved for at least three months
  • A parent of the child has been deceased or missing for at least three months
  • The child is born out of wedlock or, possibly, if questions of paternity exist

However, the existence of any of the above circumstances does not mean that the court is required to grant visitation rights to a grandparent. The court reserves the discretion to deny the request. With an experienced Scottsdale family law attorney, you may increase your chances of success if you are seeking grandparents’ visitation rights. Call attorney John C. Belt to assist you, organize your evidence, plan for counter-arguments, and assert your rights.  480-837-3600.

Arizona family law regarding grandparents’ visitation rights

If visitation is granted, Arizona family law requires that visitation occurs while the child is spending time with the parent through whom the grandparent-grandchild relationship flows. Most often, this means that grandparent visitation will occur during the parenting time granted to that particular parent. In deciding whether to order grandparent visitation and, if so, how much, the statute requires the court to consider all relevant factors, including:

  • the historical relationship between the child and the grandparent
  • the motivation of the grandparent in seeking visitation
  • the motivation of the parent in denying visitation
  • the quantity of visitation requested
  • the potential adverse impact that visitation will have on the child’s customary activities

Any parent or grandparent seeking or opposing a visitation order needs a specific proposal for the judge. Parents have a right to deny visitation but a persuasive argument must be made. An Arizona grandparents visitation rights lawyer with deep experience in these complex and often emotionally charged cases is essential. Whichever side of the case you are on, the Belt Law Firm can affirm your rights, argue your case, and help you achieve your goals at a reasonable legal feel. Call us at 480-837-3600.