Grandparent and Third-Party Rights
Experienced Attorneys for Grandparent and Third-Party Rights
Find Out What Your Rights Are
What are commonly referred to as Grandparent’s Rights and Third-Parry Rights in Arizona is regulated in part by A.R.S. §25-409. When someone is seeking Grandparent or Third-Party Rights they are generally doing so for one of two reasons: the parent(s) are unfit and it is not in the children’s best interests to remain with them or the grandparent/third-party has a relationship with the child and the parent is denying visitation. This area of law can be fairly complicated and we recommend you consult with one of our experienced family law attorneys to discuss your matter.
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A Bit of Information About Grandparent/Third-Party Rights in Arizona:
Generally, a person brings this action when it is significantly detrimental for the child to remain with or be placed in the care of the parent(s) or they have some relationship with the child(ren) and the parent is denying visitation.
This area of law can be complicated. Consult with an experienced attorney to learn your rights and how to best protect the children. Call Burggraff Tash Levy at 480-307-6800 or use our online form to schedule your consultation.
A third-party may seek placement and legal decision-making for a non-biological child so long as they meet the statutory factors and other applicable law. Some of what the Court considers can be found in A.R.S. §25-409. Some of the statutory elements that must be met are the third-party stands in loco parentis (generally meaning in place of the parent) and it would be significantly detrimental to the child to remain or be placed in the care of either legal parent. What is significantly detrimental can include situations where the parent suffers from a substance abuse problem, the children are suffering from abuse or the environment they are living in is not in their best interests. Whether specific situations meet these and the other requirements are determined on a case by case basis and you should seek the advice of an experienced attorney if you are considering this option.
Being Denied Visitation
If the parent(s) of a child are not allowing a third-party visitation, the third-party may have an ability to petition the Court. The court gives special weight to the wishes of the parents but if the third-party can meet the statutory requirements of A.R.S. §25-409, they may be successful in receiving an award of visitation from the Court. In making the determination, the Court considers all relevant factors. Some of which are: the relationship between the child and the third-party, the motivation of the third-party, the motivation of the parent, how much visitation is being requested and how it impacts the child’s routines, and, where the child’s parents are deceased, the benefit of maintaining the relationship with the third-party. (See A.R.S. §25-409). There may be other considerations and burdens for the third-party to meet. If you are attempting to enforce third-party visitation or object to a third-party’s visitation, you should seek the advice of an experienced attorney.
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Find Out What Your Rights Are
We are here to answer your questions, discuss your options, help you understand your rights, and, if we represent you in your case, our lawyers will guide you through every step of the process as efficiently as possible.
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Scottsdale, AZ 85260