What Happens to Grandparents in a Divorce? You May Need to Exercise Your Arizona Grandparent Rights

When a couple is getting a divorce, not only do they suffer, but the whole family goes through the pain of this difficult time, including grandparents. The strong bond of the grandparent/grandchild relationship should be maintained. If you are in jeopardy of losing your relationship with your grandchildren, contact our Arizona Grandparents’ Rights Attorneys today to discuss Arizona Grandparents Visitation Rights.

Maintaining good relationships with grandchildren and open communication with their parents can be key to preserving contact. Sometimes a dispute can be resolved without the expense and fees of getting the Court to order visitation for the grandparents. We can help you come up with a legally binding solution that benefits all sides.

Under Arizona Revised Statute §25-409, grandparents may petition the Court for visitation rights so long as it is in the child’s best interests to have visitation with the grandparent and one of the following is true:

• The child’s parents have been divorced for at least 3 months and the grandparent is the parent of the child’s non-custodial parent

• One of the child’s parents has been deceased or missing for at least 3 months and the grandparent is the parent of the child’s deceased or missing parent

• The child’s parents were never married

In determining the best interests of the child, Arizona law requires the court to consider all “relevant factors,” including:

• The historical relationship between the grandparent and child

• The motivation of the grandparent in seeking visitation rights

• The motivation of the parent in denying visitation

• The amount of visitation sought by the grandparent and any impact this may have on the child’s life and activities

• The benefit of maintaining visitation with extended family members in cases where one or both parents are deceased

Grandparents seeking visitation rights should petition the Court as part of the divorce proceeding or paternity proceeding, if either is held. Otherwise, the grandparents can petition the Court independently for visitation.