Grandparent Visitation Rights in Arizona
There are two ways to secure legal recognition of grandparent custody or visitation rights under Arizona law. The attorneys of Lasiter & Jackson are ready to advise you about both approaches. Contact us in Phoenix if you have questions about your right to establish or maintain custody and/or regular access to a grandchild, or if you are a parent who needs to know the extent of grandparent visitation rights in your situation.
Most grandparents who are interested in securing regular visitation rights with their grandchildren will benefit from the advice of an experienced lawyer. Although Arizona has a statute that covers grandparent visitation, is does not automatically confer visitation rights upon a grandparent. Parents generally have the right to raise their children as they see fit, and it can be difficult for a grandparent to establish visitation rights over the objections of one or both parents, whether divorced or unmarried.
Our familiarity with the Arizona law relating to grandparent visitation can help you understand the nature and extent of your rights. Our attorneys can discuss any objections on the part of the parents and see if there is a way of meeting them on mutually acceptable terms. If that is not possible, our lawyers can give you a clear understanding of your chance of establishing visitation rights in a contested court hearing.
In Loco Parentis custody
Grandparents, step-parents, relatives and others may have rights to “In Loco Parentis” custody or access. In these cases, if the biological parents are unfit to parent, another person who has been acting as a parent may seek custody. Otherwise, if a biological parent is not unfit, it is sometimes possible for a step-parent or other relative who has acted as a parent to establish regular visitation with a child.
"In loco parentis" is Latin for "in the place of a parent." Arizona law recognizes that grandparents, step-parents, relatives, neighbors or other adults might sometimes need to step in to assume the custody and primary care of a child when the parents are unfit to do so.
An award of In Loco Parentis custody or visitation sometimes formalizes an arrangement that already exists. A common example is when a grandchild has lived with a grandparent for many months due to a parent being unfit or unavailable. Custody of the child may be necessary in order to seek medical treatment for the child, register a child for school or apply for the enforcement of a child support order.
If you are in a situation where you need to act as the parent for a grandchild or someone else's child for a limited or indefinite period, you will find that a court order of In Loco Parentis custody of the child will make it possible for you to do so. Our lawyers can advise you about the details of securing this formal recognition in your case.
To learn more about grandparent visitation and In Loco Parentis custody, contact a knowledgeable family law attorney at Lasiter & Jackson in Phoenix.
