Scottsdale Grandparents’ Rights Attorneys Help Maintain Important Family Relationships

Arizona family lawyers advocate for keeping established bonds with grandchildren

Many grandparents have strong relationships with their grandchildren that can be mutually beneficial. Unfortunately, divorce and marital discord may disrupt these relationships. If you find yourself being shut out of your grandchildren’s lives due to a divorce or separation of their parents, a Scottsdale grandparents rights attorney At Clark & Schloss Family Law, P.C. is ready to fight for your interests.

What are grandparent rights in Arizona?

Arizona law gives you a legal right to visitation with your grandchildren under certain circumstances. This right is limited, and you bear the burden of proving your entitlement. Therefore, you need a skilled, experienced Scottsdale child custody attorney from our office to press your case.

In what situations may a grandparent request visitation?

Arizona law allows you to request visitation with your grandchildren if:

  • One of the parents is dead or has been missing for at least three months
  • The child was born outside of marriage and the parents are not currently married
  • The parents are in the process of divorcing or have been divorced for at least three months

The court won’t grant your petition unless it determines that visitation is in the best interests of the children. We can determine whether you have a reasonable basis for seeking visitation with your grandchildren and, if so, we are ready to pursue your rights effectively.

Can grandparents get custody?

In limited situations, grandparents may be awarded custody of their grandchildren. You may seek custody if all of the following are true:

  • The grandchild has treated you like a parent for a substantial period of time
  • Neither legal parent is fit to have custody
  • The parents are unmarried, are in the process of divorcing or have died
  • No court has issued a custody order in the previous year, or the grandchild’s current environment poses a threat to their well-being

If you want to seek custody of one or more grandchildren in these circumstances, you can trust us to make a strong showing of your entitlement to the court.

How to apply for grandparent rights in Arizona

You begin the process by filing a visitation petition in Superior Court. The court will hold a hearing to determine if you are entitled to visitation. The court is more likely to find in your favor if the parents don’t object. In making a decision, the court will consider:

  • Your past relationship with the child
  • Your motivations for seeking visitation
  • The parents’ motivations for opposing visitation
  • The potential that visitation will disrupt the child’s living schedule or parenting time
  • If the parents are dead, the benefit of the child’s relationship to you

We understand how these factors are applied and will build the best case for visitation possible.

Can grandparent rights be removed?

A grandparent’s visitation rights may end in some circumstances, although not always permanently. For instance, if your grandchild is put up for adoption, your visitation rights will automatically terminate unless the grandchild is adopted by members of your family or is removed from an adoptive home. If the grandchild relocates with their family, you may need to petition the court to enforce visitation. Finally, the court may revoke your visitation rights if it finds they are not in the child’s best interests. If you are facing the loss of your grandparental rights, we are ready to help.

Contact trusted Arizona grandparent rights attorneys for a consultation

For reliable advice and representation on grandparent rights, call Clark & Schloss Family Law, P.C. at 602-789-3497 or contact us online to schedule a consultation at our office, located on Frank Lloyd Wright Boulevard in Scottsdale.