What are Your Rights as a Grandparent?

grandparents rightsGrandchildren are often the highlight of a grandparent’s life. Unfortunately, in some cases, the parents decide not to let the grandparents see the grandchildren. Often, this is in cases of divorce or when the parents were never married. If you or a loved one are struggling with their custody or visitation rights, contact your trusted Scottsdale family law attorney to discuss your case.

Arizona’s Supreme Court can grant grandparent visitation rights. In Arizona, grandparents’ rights can be granted if:

  • The child’s parents were never married
  • The child’s parents have been divorced for at least three months
  • The child’s parent has been missing or deceased for at least three months

These are not the only requirements, however. One of the above requirements must be met in addition to being able to prove that it’s in the child’s best interests to have visitation with their grandparents.

 

What is the child’s best interest?

There are a few factors the court looks at when determining if grandparent visitation is in the child’s best interest:

  • The motives of the grandparents
  • The existing relationship between grandparent and grandchild
  • The parent’s motive for denying visitation
  • The amount of visitation time being requested
  • The benefits to the child if they maintain a relationship with their grandparents

The Goodman decision

The recent decision in the Goodman case makes getting grandparent visitation rights more difficult. Essentially, this decision says that you need to prove the parents unfit if you want the court to override the parent’s denial of your visitation rights. If the parent is fit and chooses to deny you visitation, it is very difficult to get past that.

It may be difficult, but it’s not necessarily impossible. If you are a grandparent who wants to see their grandchild, contacting a Scottsdale family law attorney at the Law Office of Hope E. Fruchtman is the first step to working something out. The Law Office of Hope E. Fruchtman can help you engage with your grandchild’s parent and attempt to find a solution or help you with a case in court.