Can a grandparent get a court-ordered visitation? What are the factors under Arizona law?

 

A: Being kept from your grandchildren is heart wrenching. When a couple divorces, it doesn’t just impact the spouses and children. Grandparents are often affected and sometimes denied access to their grandkids. If you have not been able to see your grandchild following his or her parents’ divorce, you can enforce your rights under the law.

Arizona Revised Statutes § 25-409 addresses grandparent rights. According to the law, you can pursue visitation rights that are ordered by the court. The court will evaluate whether the visitations would be in your grandchild’s best interests, by considering the following factors:

• Your historical relationship with the child
• Whether the visitation will impact the child’s customary activities
• Why you might have been denied visitation
• What could be motivating you to request visitation

If one or both of the child’s parents are deceased, the court will also consider “the benefit in maintaining an extended family relationship.”

Read more in our article, What are Your Rights as a Grandparent in Arizona?

To find out how to start the process of enforcing your rights as a grandparent, contact an experienced Arizona family law attorney at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). 

Be sure to order a FREE copy of our book, Arizona Family Law: Handling Tough Issues in Tough Times.