Grandparents' Rights

The Law Firm of M. Paul Fischer, P.C., is committed to providing comprehensive counsel for grandparents who want to stay involved in their grandchildren's lives. Our attorneys have experience in grandparents' rights and visitation issues.

Grandparents' Rights
If a marriage is dissolved, Arizona law assumes that the grandparents will enjoy visitation rights through their child, i.e. the parent. If a grandparent wishes to pursue additional visitation, they must bring an action no sooner than at least three months from the time the parents' divorce decree was entered or based upon other criteria set by statute.
In order to be granted court-ordered visitation, a grandparent must prove that he or she had a positive relationship with the child(ren) and that it would be in the child's best interest for that ongoing relationship to continue.

For a confidential consultation with a qualified family law attorney, contact The Law Firm of M. Paul Fischer, P.C., in Mesa, Arizona, to address your grandparents' rights.

What The Court Considers In Support Of Minor Children
The courts are charged with protecting and promoting the best interests of the child or children. Even though grandparents have certain rights, it is difficult for them to be awarded legal decision-making (custody). Arizona has very specific statutory criteria for such decisions.
The attorneys at The Law Firm of M. Paul Fischer, P.C., have experience in helping grandparents gather the facts to build a strong case and file their petition.
The court considers the grandparents' fitness, including age, health and child care capabilities. Other important factors affecting grandparents' rights as a nonparent include several statutory factors all of which must be present:

  1. The person filing the petition stands "in loco parentis" to the child.
  2. It would be significantly detrimental to the child to remain or be placed in the physical custody of either of the child's living legal parents who wish to retain or obtain custody (legal decision-making).
  3. A court of competent jurisdiction has not entered or approved an order concerning the child's custody within one year before the person filed a petition pursuant to this section, unless there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health.
  4. One of the following applies:

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

5. There is a rebuttable presumption that the child should remain or be placed with a legal parent.

For your questions call The Law Firm of M. Paul Fischer, P.C.