Steps for Seeking Grandparental Visitation Rights

Grandparents sometimes find themselves isolated from their grandchildren in varied circumstances, such as when the grandchildren’s parents are divorced or separated. Courts respect the fact that children often benefit from continued relationships with grandparents, but the parents’ wishes are still given the greatest weight. Arizona law provides a way for grandparents to obtain visitation rights. However, the process is complicated by legal requirements and by possible of opposition.

In Arizona, grandparents must have legal standing to petition for visitation rights. This typically means that one of the following conditions must be met:

  1. One of the parents is deceased or has been missing at least three months. 

  2. If the parents were married, the marriage has been dissolved for at least three months.

  3. The child was born out of wedlock and the parents are presently not married to each other.

If you are a grandparent and believe you meet one of those conditions, you can pursue a court order granting visitation rights. Bear in mind that the court’s priority is on serving the children's best interests. Factors considered may include the child's relationship with you, the parents' wishes, the child's adjustment to their home, school and community and any history of domestic violence. 

The following are the basic steps to follow in seeking visitation:

  • File a petition — You file a petition in the superior court where the child resides. The court will provide the necessary forms, or you can retain an attorney to prepare and file the petition.

  • Provide required information — Your petition must include information about your relationship with the child, the history and nature of your relationship with the child's parents and any facts that show that visitation with you is in the child's best interests.  

  • Attend court hearings — Be prepared for court appearances. The court may schedule hearings to evaluate your petition and to hear arguments for and against visitation.

  • Follow court orders — If the court grants visitation rights, you must adhere to the details of the arrangements allowed. Failure to comply may result in abridgement or loss of your rights.

  • Appeal if necessary — If your petition is denied, you may have the option to appeal. Consult with an attorney to determine the appropriate course of action.

The most persuasive cases for visitation rights are based on demonstrating the grandparents’ strong bonds with the grandchildren and the harm that could result if those bonds are severed. 

While it's possible to represent yourself in seeking grandparental visitation rights, an experienced family law attorney can be of valuable assistance. An attorney can advise you about your standing to pursue and can assist you in effectively shouldering your burden of proof.

At Clark & Schloss Family Law, P.C. in Scottsdale, we provide reliable advice and representation on grandparents’ rights in Arizona. Call us at 602-789-3497 or contact us online to schedule a consultation.