Understanding Grandparent Visitation And Custody
If you are a grandparent, you most likely value your time with your grandchildren and want to protect that time during difficult family transitions. Arizona law provides grandparents certain rights to visitation and even custody or adoption, if the situation warrants it.
The family law attorneys at Ayala Law Office, P.C., are here to help you safeguard your right to be involved in your grandchild’s life. With over 30 years of combined legal experience, we will promptly get to work for you on your legal problem and work with you to develop a strategy to achieve your goals.
When Can You Petition For Visitation?
You hope that you can rely on your grandchild’s parents to ensure you can visit with your grandchild, but the law recognizes that certain family law situations can disrupt your relationship. You can petition the court for visitation rights in the following circumstances:
- The parents of your grandchild never married.
- The parents of your grandchild are divorced, and your own child is the noncustodial parent under the custody order.
- You are the parent of your grandchild’s missing or deceased parent.
The court will then consider several factors to determine whether visitation is in the best interest of your grandchild. If you have questions about your situation and are not sure whether you may qualify for visitation, or you are running into problems enforcing a visitation order, please contact us to discuss the best strategy to move forward.
The Law Regarding Grandparent Custody
Grandparents’ rights are not limited to visitation. Arizona law may allow you to petition the court for custody in certain circumstances, such as:
- Law enforcement has removed the child from their home – If a child is facing foster care due to abuse or neglect in their home, or a similar situation, the court may give custody preference to a grandparent.
- A grandparent is already providing physical care for a grandchild – The courts may give custody to a grandparent who would like to take legal responsibility for their grandchild in this situation.
- A parent has abandoned the child or died – If one or more of your grandchildren’s parents has left the child or died, you may petition for custody.
The court will consider many factors in determining whether grandparent custody is in the child’s best interest. As with all custody and visitation orders, the court can modify them in the future if the situation changes.
We Are Ready To Listen
At Ayala Law Office, P.C., we truly listen to what you have to say and give you personalized attention. We believe in delivering quality legal services at an affordable rate. We are happy to meet with you and explain your options. To schedule an appointment, please call our office in Tucson at 520-585-4501. You can also reach out to us online.