what speciality lawyer handles grandparents rights in the state of arizona

Do grandparents have visitation rights in Arizona?

Jan 17, 2020 · The State of Arizona has a provision which allows grandparents to have visitation rights over a parent’s objection. In order to accomplish this; (1) the grandparent must overcome the presumption that the parent always acts “in the best interest of the child,” and (2) access to the grandparents is in the child’s best interest. This burden must be overcome by a …

Can a grandparent file a petition for visitation with the court?

Jun 26, 2020 · Grandparent Visitation. If you are being denied time with your grandchild, you may be successful in filing for visitation rights if you meet certain requirements. In all circumstances, granting such rights must be in the best interests of the child. The parents of the child or children must have divorced at least 3 months prior to the request ...

What is the “preponderance of evidence” for grandparents rights to visitation?

Compare the best Grandparents Rights in Arizona. Use our free directory to instantly connect with verified Grandparents Rights attorneys. Find an Attorney ; ... Top Grandparents Rights Lawyers near you in Arizona. Please click a city below to find qualified local Arizona Grandparents Rights lawyers. Popular Cities in Arizona.

Does Washington State have a grandparents’ statute?

At the law firm of Gary J. Frank P.C., our attorneys are committed and experienced Grandparents’ Rights advocates. We can provide the information and guidance you need to assert your legal rights. To learn more about “Grandparents Rights,” contact us …

How do I get grandparents rights in Arizona?

How hard is it to get grandparents rights in Arizona?

What rights do grandparents have in the state of Arizona?

Can grandparents sue for visitation rights in AZ?

Can grandparents sue for visitation?

What age can a child refuse visitation in AZ?

Do grandparents have a right to see their grandchildren?

How often can grandparents see grandchildren?

Are grandparents allowed to see their grandchildren?

Can parents stop grandparents seeing grandchildren?

Can I get legal aid for grandparents rights?

Do aunts and uncles have rights in Arizona?

What happens if you disagree with your grandparent's request?

If they disagree with your request, the matter will be set for trial. Each party can present evidence and witnesses to prove why grandparent custody or visitation would be in the best interest of the child. The grandparent will be responsible for proving that all of the requirements discussed above are met.

How to get custody of a grandchild?

If you have decided that you would like to pursue custody or visitation of your grandchild, you will need to follow court procedures for the process. Your first step is to draft and file a petition for your request. If you hire a family law attorney to represent you in this matter, they will draft the petition for you. The petition will be filed, and then must be served on the parent (s). Depending on where you file, law enforcement officials may be available to serve the petition for you. Otherwise, you will need to hire a process server to serve the petition on the parents.

How many requirements are there for a grandparent to be awarded custody?

There are four requirements that must be met before a grandparent can be awarded custody.

Can a grandparent have custody of a child in Arizona?

Under Arizona law, there is a presumption that children should be in the custody of their parents. However, sometimes a grandparent will find themselves in the situation where they believe that it would be better for the child to be placed with them. A grandparent may be entitled to custody if they have acted “in loco parentis,” or in the parents’ shoes.

Do you need an attorney for a grandparent?

It is a common misconception that everyone in the United States has a right to a court-appointed attorney. However, this only applies in criminal matters, and not in family law cases. Whether you’re a concerned grandparent who needs to step into the life of your grandchild, or you’re a competent parent trying to avoid interference by a meddling grandparent, you need a skilled attorney to represent you. Any party that goes into a courtroom unrepresented while their opponent has an attorney is already at a disadvantage. Attorney representation doesn’t have to break the bank. Call our office to schedule a consultation. We can discuss your case and give you realistic expectations of how your case will play out and what we can do for you. We also offer affordable pricing and payment plan options.

What are grandparents' rights?

Grandparents’ rights typically refer to visitation rights that grandparents may have with their grandchildren. In some instances, however, such rights may extend to requesting for sole or partial custody of a grandchild.

How to file for custody of a grandchild?

According to state law, a grandparent may file for custody of a grandchild in the following circumstances: 1 When a child is removed from his or her home by law enforcement officials – In the event of alleged acts of abuse by one parent in the home or similar situations, grandparents may be given preference over other foster parents in obtaining child custody 2 When a grandparent who has been physically caring for the grandchild would like to have parental responsibilities over him or her 3 When a grandparent has provided physical care to the grandchild for a minimum of 6 months within the last 6 months and would like some parental responsibilities over the grandchild

How long does a grandparent have to care for a grandchild?

When a grandparent has provided physical care to the grandchild for a minimum of 6 months within the last 6 months and would like some parental responsibilities over the grandchild

How to contact Goldman Law?

Call Goldman Law, LLC at (602) 698-5520 or email us using the contact form on this page to learn more about your rights and receive a professional case evaluation. We serve clients in Phoenix and all throughout Arizona.

When a child is removed from his or her home by law enforcement officials, what happens?

When a child is removed from his or her home by law enforcement officials – In the event of alleged acts of abuse by one parent in the home or similar situations, grandparents may be given preference over other foster parents in obtaining child custody

Can grandparents request visitation?

Take note that while grandparents have the right to request for visitation with a grandchild, they do not necessarily have the right to be granted visitation rights.

Who loses parental rights and custody over the child?

The parent—the child of the grandparents —loses parental rights and custody over the child

The Law of Third Party Rights

A.R.S. § 25-409 describes the rights of third parties in family law and the child in question. The court often takes an in-depth look at the relationship that the child and these parties have with one another.

Additional Considerations Made By the Court

The court is only interested in what is best for the well-being of a child involved in the legal proceedings. When grandparents or great-grandparents file a petition for visitation, the court will see if it falls under the best interest of the child. To determine this, the courts will look at:

Grandparents Seeking Custody

For a grandparent to obtain custody of their grandchild in Arizona, under A.R.S. 25-409, they must be able to prove the following are accurate to the court:

Legal Representation for Grandparents

An Arizona lawyer who specializes in family law procedures can help those grandparents seeking visitation or custody of a grandchild. These lawyers understand the specifics that the court will ask for, and they can help build the case for the grandparent.

How to determine if grandparent visitation is in the child's best interest?

In determining whether grandparent visitation is in the child’s best interests, the court will consider all relevant factors, including: (1) the relationship between the child and the person seeking visitation; (2) the motivation of the requesting party in seeking visitation; (3) the motivation of the person denying visitation; (4) the quantity of visitation time requested and whether it will have an adverse impact on the child’s customary activities; and (5) the benefit in maintaining an extended family relationship, if one or both of the child’s parents are deceased.

What is it called when a parent is in the shoes of a parent in Arizona?

This is called “In loco parentis” custody.

Can grandparents have access to grandchildren in Arizona?

Arizona Grandparents’ Rights Lawyer. When grandparents are denied access to their grandchildren, it can be heartbreaking. However, grandparents no longer need to stand helplessly on the sidelines. Arizona law provides that grandparents, and great-grandparents, are entitled to visitation, or even custody of their grandchildren under appropriate ...

Who stands in loco parentis to the child?

The person filing the petition stands in loco parentis to the child.

Can a grandparent visit a child in Arizona?

Arizona Revised Statutes, Section 25-409 provides that the Superior Court may grant a grandparent, or great-grandparent, reasonable visitation with a child if the judge believes that such contact would be in the child’s best interests, and any one of the following applies: (1) the child’s parents have been divorced for at least three months; (2) a parent of the child has been deceased or has been missing for at least three months; or (3) the child was born out of wedlock.

Can a child's parents be married?

One of the legal parents is deceased. The child’s legal parents are not married to each other at the time the petition is filed. There is a pending proceeding for dissolution of marriage or for legal separation of the legal parents at the time the petition is filed.

Is it legal to give custody to a parent in Arizona?

Under Arizona law, there is a rebuttable presumption that it is in the child’s best interest to award custody to a legal parent. This is because our legislature has determined that, under normal circumstances, a child’s physical, psychological, and emotional needs are best served by being reared by his or her parent.

How to win custody of a grandchild in Arizona?

To win the custody of a grandchild in Arizona, grandparents and their attorneys must demonstrate to the court that all of the conditions listed here are true :

When did the Supreme Court declare the visitation rights of grandparents unconstitutional?

In 2000, the United States Supreme Court declared unconstitutional a State of Washington statute that gave grandparents in that state a specific visitation right – providing that the visits were in the child’s best interests, even if the custodial parent was opposed to the visitations.

Can grandparents get visitation rights in Phoenix?

Grandparents seeking visitation rights should speak with a Phoenix family lawyer about the details of their case. If you and your lawyer can prove to the court that your visits will be in the child’s best interests, and if any of these conditions also apply, you may acquire visitation rights:

Can a grandparent win visitation in Arizona?

Because courts put a parent’s rights over a grandparent’s, winning visitation rights may not be easy for a grandparent. However, Arizona law provides a way that some grandparents, in some particular circumstances, will be able to overcome the legal barriers and win visitation rights.

Is it bad to give custody to a child?

Allowing the child to stay in either parent’s custody, or awarding custody to either parent, would be “significantly detrimental” to the child’s health, welfare, and best interests.

Can grandparents visit grandchildren?

Grandparents have a right to seek visitations with grandchildren after a separation or divorce or if one parent is deceased. In these situations, courts consider a variety of factors when a determination is made regarding grandparents and visitation rights.

Law Office of Katherine Kraus, PLLC

Focused Exclusively On Family Law — Results-Oriented Representation to Protect Your Interests!

Cantor Law Group

Cantor Law Group has experience helping clients with their Grandparents Rights needs in Phoenix, Arizona.

Morse Law Group

If you need Grandparents Rights help in Arizona, contact Morse Law Group, a local practice in Phoenix, for legal representation.

Donaldson Stewart, P.C

Donaldson Stewart, P.C. helps Phoenix clients with their Grandparents Rights needs.

Goldberg Law Group

Goldberg Law Group, a local Grandparents Rights firm with years of experience helping clients in the Phoenix, Arizona area.

Law Office of Katherine Kraus, PLLC

Representing people in Phoenix, Arizona with their Grandparents Rights issues.

Rebecca L. Owen, PLLC

Rebecca L. Owen, PLLC helps Phoenix clients with their Grandparents Rights needs.

Can you get visitation after divorce?

Lastly, don’t allow the aftermath of a divorce to end up in a loss of contact with your grandchildren. If primary custody is granted to a spouse and there is conflict, our legal team will assist you with your request for visitation.

Is Arizona a grandparent's right?

Arizona Grandparents’ custody rights are not automatic under current Arizona family law. In order to successfully arguing for Grandparents’ rights, an attorney must a compelling argument.

Do grandparents have rights in Arizona?

It is important to Grandparents to remain in contact with their grandchildren, even if it against the wishes of , the child’s parents or parent, Arizona grandparent’s rights laws provide a method for grandparents. These Arizona grandparent laws put in place certain protections ...

The Court Will Be Working To Serve The Best Interests Of The Child

The law presumes that the best interest of the child is served by awarding the legal parents legal decision-making. However, the grandparents may rebut this presumption with clear and convincing evidence that awarding legal decision-making to a parent is not in the child’s best interest.

Let Us Help You Assert Your Rights As A Grandparent

At Lincoln & Wenk, PLLC, we provide dedicated protection of grandparents’ rights. Whether your case obtains a resolution through mediation or litigation, our lawyers will stay at your side every step of the way. We always take an honest approach to your matter, and we will help you set realistic expectations.

Discuss Your Case With An Attorney

Contact us online or at 623-748-4890 for an initial consultation. Evening and weekend hours are available by appointment.

Custody Cases and Grandparents’ Rights

Modifying Or terminating Grandparents’ Rights

Contact The Phoenix Grandparents’ Rights Attorneys at Goldman Law, LLC

• If you are a grandparent looking to obtain visitation rights or custody of your grandchild, contact the attorneys at Goldman Law, LLC. We are ready to help you resolve your case as favorably as possible. When you choose to work with our law firm, you can rest assured that we will provide superior legal representation and stand up for your rights. C...

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The Law of Third Party Rights

Additional Considerations Made by The Court

Grandparents Seeking Custody

Legal Representation For Grandparents

• An Arizona lawyer who specializes in family law procedures can help those grandparents seeking visitation or custody of a grandchild. These lawyers understand the specifics that the court will ask for, and they can help build the case for the grandparent. If you are a grandparent looking to obtain visitation or custody of your grandchild, the legal...

See more on affordablefamilylawyers.com