My son is not married to the mother of his child, and they are no longer together—how can I guarantee that my grandchild will be able to visit me?

Grandparents’ visitation rights are commonly overlooked, but often a very important topic to discuss. Grandparents that live locally often contribute a great deal of time and money to raising their grandchildren, and develop very strong relationships.


As a grandparent, it can be very difficult when your grandchild’s parents separate. You may fear that you have no legal rights to visit the child since you are not one of his parents, but fortunately, the law recognizes the important role that a grandparent can play in a child’s life.


If you are met with resistance when you discuss visitation with your grandchild, you may be able to request court-ordered visitation. Courts allow this when the child’s parents have been divorced for three months, one of the parents has been missing for three months, or if the child was born to parents who were not married.


The court is primarily interested in the wellbeing of the child, so many things will be considered in your bid for visitation rights. Your existing relationship with the child is the primary concern, followed by how visitation will affect the child’s quality of life in the short and long term. If one of the parents is denying you visitation rights, the court will also consider their side of the story.


In order to request court-ordered visitation, you will need to petition in the child’s county of residence. If you have questions about how to file this petition, or further questions on your rights as a grandparent in Arizona, call our Phoenix family law attorneys today at 602-258-1000. Our experienced child custody lawyers are here to help you navigate the tricky waters of divorce and child custody—call us now to get the answers that you are looking for!