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Scottsdale AZ Grandparents Rights Attorney

Scottsdale AZ Grandparents Rights Attorney

At Garnice Law PLLC we know what a blessing and a joy grandchildren can be. Do you feel that you've -- as a grandparent -- been unreasonably denied visitation with, or even custody of, a grandchild? Arizona law may provide remedies to help you enjoy the fullness of a loving relationship with your grandchildren. Similarly, if you are a parent who believes that one of your child's grandparents has (or is attempting to) overstep your parental rights, you have recourse.

Contact Garnice Law PLLC and speak to attorney Victor Garnice about grandparent rights. The firm has experience in dealing with grandparent custody matters, whether it be by negotiation and settlement or litigation. Our firm has litigated many grandparents' rights cases and can provide you with careful and considered counsel in helping you decide how to resolve these issues favorably.

Our Arizona grandparent rights attorney is extremely adept at dealing with these delicate and nuanced issues. We take special care to educate and empower our clients as participants in the process - so they can make decisions in the best interests of the children.

Arizona Grandparent Rights Statute

In Arizona A.R.S. Section 25-409 governs the visitation rights of grandparents and great-grandparents.

The court is authorized to grant the grandparents of the child reasonable visitation rights to the child during the child's minority on a finding that the visitation rights would be in the best interests of the child and any of the following is true: (1) the marriage of the parents of the child has been dissolved for at least three months; or (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. In determining the child's best interests the court shall consider all relevant factors, including: (1) the historical relationship, if any, 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 the potential adverse impact that visitation will have on the child's customary activities; and (5) if one or both of the child's parents are dead, the benefit in maintaining an extended family relationship.

If logistically possible and appropriate, the court shall order visitation by a grandparent or great-grandparent to occur when the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child. If a parent is unable to have the child reside or spend time with that parent, the court shall order visitation by a grandparent or great-grandparent to occur when that parent would have had that opportunity. A grandparent or great-grandparent seeking to obtain visitation rights must file a petition in the same casein which the parents had their marriage dissolved or in which the court determined paternity or maternity, or by a separate action in the county where the child resides if no action has been filed or the court entering the decree of dissolution or determination of paternity or maternity no longer has jurisdiction.

For more information about our services, we invite you to contact us or call the firm at (480) 556-5800.

 


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