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Family Law | Grandparents’ Rights in Arizona

Grandparents’ rights are becoming a growing concern in family law. Did you know that Arizona is one of the few states with grandparents’ rights? Over the last decade, grandparents’ rights have recently become a hot topic. This article will discuss grandparents’ rights in Arizona and what you need to know.

Arizona Revised Statutes § 25-409(C) outlines a law specifically designed for grandparents (as well as great-grandparents and other third-parties in interest). This law allows them to petition the court for visitation rights with their grandchildren. Grandparents can be awarded visitation rights. This happens once they file a petition in court if one of the following has occurred:

  • If for more than three months either of the children’s parents are deceased or have been reported as missing;
  • The children were born out of wedlock and the parents remain unmarried; or
  • The parents’ marriage has been over for at least three months.

Furthermore, like any court decision involving parenting time or visitation in Arizona, there is an assigned judge. He or she will determine the outcome. The judge will decide if visitation to a grandparent is in the best interests of the grandchildren. This decision can be based on a number of factors. The purpose of this law is to allow grandparents the time to spend with their grandchildren, regardless of any domestic issues.

This law is rigid and has its challenges. If there is weak evidence of a rift between parents and grandparents, a judge may be slow to act in favor of the grandparents. As with many family law cases, the process can quickly become overwhelming. Working with family law attorneys like May, Potenza, Baran & Gillespie can help you navigate the court system.

Our key to success involves working side by side with our clients and building a connection. In civil cases dealing with family, we understand how hard it can be. We will work with you towards a mutual settlement. If you need assistance regarding grandparents’ rights, visit us as at www.maypotenza.com.

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