If your child is getting
divorced, and you want to continue to enjoy visitation rights with your
grandchildren, you may be wondering what legal rights you might have,
especially if your children are denying you visitation rights. In many cases,
grandparent’s visitation rights are granted by the child’s parents. Most
grandparent’s concerns about visitation can be handled by having a conversation
with your children as they get divorced. Sometimes, visitation of grandparents
can be voluntarily included in a parenting plan when couples get divorced.
However, if you have a
strained relationship with your children, or are concerned for the safety and
well-being of your grandchildren, there may be situations where you might need
to seek custody of your grandchildren or seek visitation rights by petitioning
the court. What are grandparent’s rights in Yuma, Arizona? Schneider &
Onofry, P.C. are child custody lawyers in Yuma, Arizona
who can help
grandparents navigate child custody matters and visitation issues.
Child Custody for
Grandparents in Yuma, Arizona
There are circumstances where
a grandparent may need to petition the court for custody of a grandchild. If one
or both of the children’s parents have passed away, the grandparents may have
the right to seek custody, especially if the grandparent has been the child’s
primary caregiver. If both of the children’s parents are unable to care for the
children, either due to illness, financial difficulties, alcohol or substance
abuse issues, due to an abusive home environment, or due to a home environment
where there is child neglect or violence, the grandparent may be able to
petition the court for child custody.
When can a grandparent get
custody of a child? The court will look at several factors. These factors can
include whether the grandparent has already served as the child’s primary
caretaker, or has acted “in loco parentis” when the parents were not available.
The courts may also find that the children’s best interests won’t be served if
he or she remains in the custody of the parent. In cases, of divorce,
separation, or the death of one or both of the parents, grandparents may be
better able to seek custody.
In general, if one or both
parents are alive, the court tends to favor that the children remain in custody
of the parents. Grandparents may need to present strong and compelling evidence
that the children’s best interests will be served by putting the children in
the custody of the grandparents. A child custody lawyer like Schneider &
Onofry, P.C. may be able to assist you in building a strong case to these ends.
Seeking custody as a
grandparent can sometimes be a complex process. Schneider & Onofry, P.C.
are child custody lawyers in Yuma, Arizona who may be able to assist you in
seeking custody of your grandchildren, when appropriate. Contact us today to
Rights in Arizona
Grandparents have the right
to seek visitation rights of their grandchildren in Arizona. However, certain
circumstances must be met in order for grandparents to petition the court.
First your child must be the non-custodial parent and must have been divorced
for at least three months before you, as the non-custodial grandparent can seek
visitation rights. Or, one of the child’s parents must have passed away or
abandoned the child for at least three months. Or, the child’s parents must
have never married.
If you can prove one of the
above situations true, you’ll then need to show the court that it is in the
best interests of the child for the child to have visitation time with you. The
court will consider certain factors when determining whether it is in the
child’s best interests to have visitation with you. You’ll need to build a
strong case for the court, including establishing your relationship with the child
and showing why it is important for the child to continue to have visitation
with you. The courts will also consider why the child’s parent may have denied
you visitation. The court will also consider how far away the grandparent
lives, how much visitation time is being requested, and how visitation might
impact the child’s routine and life.
When looking at these
factors, it is important to build a strong case to show that visiting your
grandchildren is in their best interests. Schneider & Onofry, P.C. are
child custody lawyers who can help you navigate the process of seeking
visitation rights of your grandchildren in Yuma, Arizona. Contact our law firm
today to learn more.
Navigating Child Custody and
Visitation for Grandparents in Yuma, Arizona
Under Arizona law,
grandparents have fewer rights than a child’s biological or adoptive parents. In
order to seek visitation or custody, you’ll need to show the court that it is
in the child’s best interests to be in your custody or to enjoy visitation with
you as the child’s grandparent. Schneider & Onofry, P.C. are child custody
attorneys in Yuma, Arizona who can help you navigate the process of seeking
custody or visitation of your grandchildren.