The first laws passed in the United States concerning grandparent’s rights to visitation with grandchildren weren’t passed until the 1960’s, when changing social dynamics made the need for such laws apparent.
Family law is among the areas reserved to the states, so statutes were passed state by state. While every state now has their own set of statutes on the issue, in many states, the issue remains poorly defined and can be difficult to enforce.
What is the law in Arizona?
If you live in Arizona, it is possible to pursue court-ordered visitation with your grandchildren; however, it can be more difficult to successfully petition for guardianship and custody.
A grandparent interested in pursuing visitation must be able to overcome the presumption that the parent is acting in the child’s best interest and that allowing a child access to the grandparent is in the child’s best interest. This burden must be overcome by a “preponderance of the evidence” which means that the grandparent must show by a 51% probability that visitation is “in the child’s best interest.” Arizona law is also unique because it also provides great-grandparents visitation rights.
The second stipulation concerning visitation is that one of the following must apply:
- It has been at least three months since your grandchild’s parents have been divorced.
- One of the parents has been deceased or missing for at least three months. There are two circumstances in which a parent would be considered missing – either the parent’s location is unknown or law enforcement has declared him or her missing.
- The parents were not married when your grandchild was born.
For the court to make a determination on the best interest of the child or children involved, they will assess several factors, such as:
- Your historical relationship with the child.
- Your motivation in pursuing visitation.
- Why visitation might have been denied.
- The amount of visitation time that you have requested and the possible impact on the child’s customary activities.
- The benefit of continuing an extended family relationship, if one or both of your grandchild’s parents is deceased.
This narrative is not intended as a comprehensive explanation of grandparents’ rights in all cases and under all circumstances in Arizona. The law must be applied to the specific facts of each case. Our Judges interpret these laws and the cases interpreting these laws in fluctuating manners depending on a number of factors, giving varying weight to the different factors sighted in our statutes, rules and case precedence. If you are interested in a comprehensive consultation on your rights as a grandparent in the state of Arizona as they pertain to visitation or custody, Kent Lee Law can provide you with the answers you need. Please feel free to call (623) 889-7760 to schedule an appointment and discuss your options.
