Grandparents’ Rights/Third-Party Rights
The focus of a divorce for a marriage with children must be on the rights of the two parents and which one gets primary custody of the children.
The rights of other family members, such as grandparents, are not taken into consideration at that time.
In today’s families, however, grandparents and other relatives often play a critical role in raising a child. Most children have a deep attachment to grandparents, but grandparents have no legal rights to spend time with them.
Grandparent Visitation Rights In Arizona
When a child is adopted, visitation rights of grandparents are cut off, unless the adoption is by a spouse of a natural parent, when the natural parent remarries.
Under state law, a court may grant grandparents (or great-grandparents) the right to visit their grandchildren (or great-grandchildren), but only if the court is convinced that such visitation is in the best interests of the child.
In addition, one of these conditions must be met:
- At least three months must have passed since the divorce.
- One of the child’s parents has died or been declared missing for at least three months.
- The child’s parents are not married.
There are separate rules which govern the appropriate time for petitioning and scheduling such visitation rights, which in turn are shaped by the timing of visitation rights of the noncustodial parent.
At Katherine Kraus, we represent grandparents throughout Maricopa County in a variety of cases involving visitation rights. We have helped many clients in these matters, and we know how to approach grandparents’ rights cases in a way that gives you the best chance of maintaining a relationship with your grandchild.
Seeking The Best Possible Outcome On Behalf Of Grandparents
Grandparents’ custody rights are not automatic under Arizona law, and a compelling argument needs to be made in order to be successful.
When you hire Katherine Kraus, we will work closely with you to learn as much as possible about:
- Your relationship with the child
- Whether you provide any type of care to the child
- Anything else that is relevant to your case
We will build the strongest possible case to show that you played a central role in your grandchild’s life and that the continuation of the relationship would be in the child’s best interests. We understand what is at stake in these cases, and you can rely on us to pursue every available option in an effort to secure visitation rights with your grandchild.
Discuss Your Case With A Grandparents’ Visitation Rights Attorney In Maricopa County
Contact our law office today to discuss your grandparents’ custody rights questions and learn more about how we can help you.
We are available during regular business hours and by appointment at other times. We accept most major credit cards and offer payment plans for your convenience.