Grandparents and custody matters

Families in Arizona may benefit from learning more about the parental rights that may be afforded to other relatives in the state. If you are a grandparent, you and other family members may obtain visitation to the child, but they are rarely able to supersede the rights of the birth parents.

There are several factors family courts consider before grandparents can be found to be eligible for visitation. Some of the factors family judges consider include if the grandparent has an amicable relationship with the custodial parent and if the grandparent and child demonstrate a positive relationship. A judge may also believe that the grandparent has a justifiable reason for seeking visitation rights. If both birth parents have passed away, granting grandparents visitation rights may help the children maintain a positive relationship with their extended family.

Family courts may approve a visitation for grandparents, as long as it does not interfere with the child’s routine or normal activities. In order for you as a grandparent to receive custody of your grandchild, the parents must be divorcing, unmarried or at least one must have passed away. Stepparents, grandparents and other relatives who have taken on parental responsibilities may be entitled to statutory rights, obtaining visitation and custody rights as long as specific criteria are met.

If you are interested in learning more about the statutory rights afforded to relatives acting as parents, our law firm may be able to help. We have extensive experience in helping relatives to gain legal parental rights or to complete the process of adoption. If you’re looking for more information on visitation and other parental rights, please visit our page on how grandparents may obtain custody and visitation.