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Home Blog Ultimate Guide For Grandparents’ Rights in Arizona


There are occasions where life dictates that grandparents step into their grandkids’ life in order to protect their wellbeing. It is for this reason why Arizona has custody laws that involve grandparents. It is always encouraged to get in touch with a divorce attorney Mesa when unsure about the visitation laws pertaining to grandparents. As long as some requirements are met, grandparents have the right to influence positive change in the lives of their grandchildren. Just as with any family case, you’ll have the option of representing yourself or seeking the help of an attorney.

Visitation

In the event that you’re denied visitation rights as a grandparent, there is the option of filing for custody rights which will be successful in most cases provided you meet the requirements. For the court to grant such a wish, there should be no doubt that it is in the best interest of the child. The request will be granted if the parents of the children have divorced three months prior to filing, one of the parents has been deceased for at least three months, or the child has been born out of wedlock.

Custody

In Arizona, there is the presumption that children ought to be in the custody of their parents. It is possible that grandparents find themselves in a predicament where they’ll be in a better position to take care of the child. A grandparent could be entitled to the custody of the child if they act in “in loco parentis.” In order for the grandparent to be granted custody, there are conditions that will need to be met:

  • The grandparent needs to stand in the parent’s shoe
  • Granting custody to the parents could be detrimental to the wellbeing of the child
  • There are no custody orders in the last 12 months

It will be up to the judge to determine what is in the best interest of the child just as with any custody case.

Filing For Grandparent Custody in Arizona

Once you’ve decided on filing for custody, there are some court procedures that will need to be followed. The first step will be drafting and filing a petition for the request. Working with a family attorney is often seen as the best solution given the fact that they’ll handle everything on your behalf. Law enforcement could be involved in serving the petition depending on where you file in Arizona. The parents of the child will be given the opportunity to respond to the petition once it has been served. There is a chance that the issue could go to trial in case the parents fail to agree to the request. As a grandparent, you’ll be required to provide evidence on why you deserve to be granted custody.

Get Representation

If you’re genuinely concerned about the plight of your grandchildren, there is no harm in hiring a skilled attorney to represent you. Going to court without an attorney will mean you’re disadvantaged. To get started with representation, you can check out https://www.familylawattorneymesaaz.net/

Jensen Family Law – Mesa

3740 E Southern Ave Suite 210 

Mesa AZ 85206

(480) 999-2321

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Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then Head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to Merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then Turn left and Destination will be on the right.

We’re open 9AM – 5PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 ro you can find us on Yelp.