Grandparent’s Rights and Family Law

Grandparents typically become very attached to their grandchildren. When there are conflicts among family members, grandparents often get lost in the shuffle. What rights do grandparents have under family law? It’s important to consult with a family law attorney so that you can understand your rights and how to enforce them.

grandparentsIt’s always best if you can work out visitation outside of family law court. However, it’s not possible in every situation. Fortunately, Arizona offers some protection to grandparents in some situations. You can discuss your situation in depth with a family law attorney so you can understand your rights and how you can approach the family law courts.

In some cases, the parents object to the grandparents having visitation with the child or children. Family law courts provide protection in a limited number of conditions.  Your attorney can explain the situations in which you can request visitation despite the parents’ wishes. First, you have to overcome the court’s presumption that the parents are always acting in the best interests of the child. Next, you have to prove that the minor children will benefit from visits with grandparents.

The burden of proof mainly lies on the grandparents which is why it’s important to get assistance from a family law attorney. In addition to the visitation being in the best interest in the child, there are other requirements. If the parents, divorce, the marriage must ended at least three months ago. If there is not a divorce, the child must have been born outside of wedlock.

The court will take many factors into consideration when considering visitation rights for grandparents. They will consider the existing relationship between the child or children and the grandparents and many other issues. The courts also consider motivation when it comes to visitation. They will look at both the motivation of the parents and the grandparents who are seeking visitation. How much visitation is requested and how will it affect the child’s day-to-day activities? If one of the child’s parent’s has passed away, is there a benefit to keeping up a relationship with the extended family? These are all factors in the court’s decision-making.