Grandparents Rights Lawyer Phoenix AZ
Grandparents often don’t realize they have rights and shouldn’t be barred from seeing their grandchildren. You can work with a grandparents’ rights lawyer to make sure your rights are enforced. They can represent you before a judge who can review your claim. The court will consider various factors, including the historical relationship between the grandparent and the child, the motivation of the grandparent in seeking visitation, and the effect that visitation would have on the child’s relationship with their parents.
Get a consultation regarding your grandparents’ rights case by speaking with our law firm. Call Cosmas Onyia now for a free consultation with a knowledgeable Phoenix grandparents’ rights attorney.
Can you sue for grandparents’ rights in Arizona?
Paternal grandparents can sue for grandparent visitation rights under certain circumstances. Arizona Revised Statutes (ARS) 25-409 sets out the conditions that allow grandparents to petition for visitation. To sue for grandparents’ rights in Arizona, the following conditions must be met:
The grandparent must have an existing relationship with the child. Also, the child’s parents must have either divorced or one of them is deceased. An alternative is that the parent must be missing for at least three months.
In the Child’s Best Interests
You must prove that visitation is in the best interests of the child, and that denial of visitation would be harmful to the child.
When requesting Phoenix grandparents’ visitation rights, the grandparent must include specific information about their relationship with the child and why they believe visitation is in the child’s best interests.
How do I file for grandparents’ rights in Arizona?
Your grandparents’ rights lawyer can correctly file your claim. To file for grandparents’ rights in Arizona, your attorney will help you follow these steps:
Determine If You Meet the Eligibility Criteria
Arizona law allows you to seek grandparents’ rights if you have an existing relationship with the child, and one of the child’s parents is deceased, or missing. You can also be granted grandparent visitation rights if the legal parents are, divorced, separated, or were never married.
File a Petition With the Court
Your attorney can file a petition for grandparent visitation rights with the family court in the county where the child resides. The petition must include specific information about your relationship with the child, the reasons why you believe visitation is in the child’s best interests, and details of the child’s parents, such as their names and addresses.
Serve a Notice to the Child’s Parents
After your attorney files the petition, they need to serve notice to the child’s parents, providing them with a copy of your petition and a summons to appear in court. This step is critical because the parents have the right to challenge or oppose your petition for grandparents visitation.
Attend a Court Hearing
Once the notice has been served on the parents and the parents oppose or objection to the petition, a hearing date will be scheduled. At the hearing, your attorney will have the opportunity to present evidence and arguments in support of your petition. Also, the parents will have the opportunity to argue against it.
Await the Court’s Decision
After hearing both sides, the court will make a decision on whether to grant visitation time to the grandparents, based on the best interests of the child.
Are grandparents legally entitled to visitation with their grandchildren?
Grandparents do not have an automatic legal right to visitation with their grandchildren. However, in some situations, grandparents may be able to seek grandparents’ visitation rights through a court order. According to Arizona law, the court will grant grandparents’ rights to visitation only if it is in the best interests of the child.
Reasons Arizona Courts Will Grant Grandparents’ Rights
In Arizona, grandparents may seek custody of their grandchildren in certain situations, such as when the child’s parents are unable or unwilling to provide care, or if the child is in danger of harm or neglect. However, obtaining custody as a grandparent can be a difficult and complex process. The following factors have the biggest impact:
The Child’s Best Interests
Ultimately, the court’s decision will be based on the best interests of the child. The court will consider all of the above factors, as well as any other relevant factors, to determine whether visitation with the grandparent is in the child’s best interests.
The Ability of the Grandparent to Provide For the Child’s Needs
The court will consider the grandparent’s ability to provide a stable and nurturing home for the child. This includes their financial stability and their ability to meet the child’s emotional and physical needs.
The Historical Relationship Between the Grandparent and the Child
For grandparent visitation, the court will consider the nature and extent of the relationship between the grandparent and the child. This includes the length of time they have known each other and the frequency and quality of their interactions.
Convincing the Court that Grandparent Visitation is in the Child’s Best Interests
The court mainly has the child’s best interest at heart, and not just solely the wishes of the grandparent. In general, the court will consider the nature and extent of the relationship between the grandparent and the child. Whether your motivation is genuine and in the best interests of the child is also considered by the court. The court will consider why the parent is denying visitation and whether their reasons are reasonable. They will also review how visitation with the grandparent would affect the child’s relationship with their parent. This is including whether it would interfere with the parent-child relationship. If the child wants further interaction with their grandparent, then the court will favor granting grandparent visitation.
You can receive advice about your particular case and find out if you are eligible for Phoenix grandparents’ rights. Every case is unique, which is why you should meet with a grandparents’ rights attorney first to learn more. Find out how to get the court to grant you permission to see your grandchildren by speaking with a reputable family attorney law firm today. Contact Cosmas Onyia now for a consultation with a grandparents’ rights family law attorney in Phoenix, AZ.