Grandparent’s Rights

We frequently hear from grandparents who are informally responsible for raising their grandchildren, or who want to have visitation rights with them.  The Arizona Legislature has created a statutory process by which grandparents – or other third parties – can obtain court-approved rights to make legal decisions for a child, if appropriate, or establish visitation rights.

Arizona law distinguishes between a typical grandparent/grandchild relationship and one in which grandparents, for whatever reason, stand in place of a parent.  The latin term for in place of parents is “in loco parentis.  An in loco parentis relationship is created when the grandparent, or other third party, takes over the responsibilities for a child that would normally fall on the parents.  Under those circumstances, a grandparent or other third party may be able to establish legal decision-making authority for their child.  This is not the same as a guardianship, which needs to be established in the probate court, but can give a grandparent or family member the ability to make important decisions for a child.

Securing visitation rights, with no legal decision-making rights, is typically a simpler process.  A grandparent or third party simply needs to file a petition with the court, and must ensure that he or she meets certain statutory prerequisites.  The party seeking visitation will need to show how visitation rights are in the child’s best interest.  This is typically done by showing a strong past relationship between grandparent and grandchild, and how a continuation of that relationship will benefit the child. 

If you are considering pursuing third party rights, please feel free to give us a call and schedule a free consultation.