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Grandparent Visitation in Arizona

Grandparents can be an important part of their grandchildren’s life, especially when they are involved in raising and caring for their grandchildren. In the event of a divorce, grandparents may want to make sure they continue to spend time with their grandchildren. 

Many states have specific visitation rights for grandparents, while some of them do not. In 1983, Arizona became one of those states who provide certain visitation rights for grandparents and even great-grandparents.  

According to the law, grandparents may obtain visitation with their grandchildren if visitation is in the children’s best interests and if one of the following circumstances is true: 

  • The child’s parents have been divorced for at least three months and the grandparent is the parent of the child’s non-custodial parent 

  • The child’s parents were never married 

  • One of the child’s parents has been missing for at least three months or deceased 

The grandparent must file the petition in the grandchild’s home county. However, if there has been a previous custody-related case involving the grandchild, then the grandparent must file a petition in the same county and court. 

A judge will consider the following factors when deciding to grant grandparent visitation: 

  • The past relationship between the grandparent(s) and grandchild(ren) 

  • The reason why the grandparent(s) filed for visitation 

  • The reason why the parent(s) oppose grandparent visitation 

  • The amount of visitation time the grandparent(s) requested and if it will interfere with the grandchild’s schedule 

The court will typically schedule grandparent visitation time when his/her child has custody. For example, whenever a noncustodial parent has custody of the child, then that is grandparent visitation time occurs. 

If you have been denied access to your grandchildren and are interested in obtaining grandparent’s rights in Yuma, contact Bowman, Smith & Kallen, P.L.L.C. today and request a free initial consultation. Get 100+ years of combined legal experience on your side!