Arizona Grandparents’ Rights Lawyer
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a comprehensive attorney consultation.
Let's Discuss Your Case - We're Here For You.
When dealing with a family matter issue, you do not have to go at it alone. Schedule your comprehensive attorney consultation now and we can discuss the entire case.
When grandparents are denied access to their grandchildren, it can be heartbreaking. However, grandparents no longer need to stand helplessly on the sidelines. Arizona law provides that grandparents, and great-grandparents, are entitled to visitation, or even custody of their grandchildren under appropriate circumstances.
Arizona Revised Statutes, Section 25-409 provides that the Superior Court may grant a grandparent, or great-grandparent, reasonable visitation with a child if the judge believes that such contact would be in the child’s best interests, and any one of the following applies: (1) the child’s parents have been divorced for at least three months; (2) a parent of the child has been deceased or has been missing for at least three months; or (3) the child was born out of wedlock.
In determining whether grandparent visitation is in the child’s best interests, the court will consider all relevant factors, including: (1) the relationship between the child and the person seeking visitation; (2) the motivation of the requesting party in seeking visitation; (3) the motivation of the person denying visitation; (4) the quantity of visitation time requested and whether it will have an adverse impact on the child’s customary activities; and (5) the benefit in maintaining an extended family relationship, if one or both of the child’s parents are deceased.
If logistically possible and appropriate, the court will order the visitation by a grandparent to take place when the child is scheduled to reside or spend time with the parent.
Under certain circumstances, grandparents may find it necessary to seek custody of their grandchildren. Arizona law provides that where grandparents have and “stood in the shoes” of the parent, they may be entitled to obtain custody. This is called “In loco parentis” custody. “In loco parentis” means a person who has been treated as a parent by the child and who has formed a meaningful parental relationship with the child for a substantial period of time.
Arizona Statute – A.R.S 25-409 provides that to obtain custody, a grandparent must show that all of the following are true:
- The person filing the petition stands in loco parentis to the child.
- It would be significantly detrimental to the child to remain or be placed in the custody of either of the child’s living legal parents who wish to retain or obtain custody.
- 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.
- One of the following applies:
- One of the legal parents is deceased.
- The child’s legal parents are not married to each other at the time the petition is filed.
- There is a pending proceeding for dissolution of marriage or for legal separation of the legal parents at the time the petition is filed.
Under Arizona law, there is a rebuttable presumption that it is in the child’s best interest to award custody to a legal parent. This is because our legislature has determined that, under normal circumstances, a child’s physical, psychological, and emotional needs are best served by being reared by his or her parent. However, grandparents can overcome this presumption if they demonstrate, by clear and convincing evidence, that awarding custody to a legal parent is not in the child’s best interests.
At the law firm of Gary J. Frank P.C., our attorneys are committed and experienced Grandparents’ Rights advocates. We can provide the information and guidance you need to assert your legal rights. To learn more about “Grandparents Rights,” contact us and schedule an appointment today.
Family Law Client
I had a very legally and emotionally difficult case and was fortunate enough to have Mr. Frank’s legal assistance. Mr. Frank was extremely professional, reliable, and competent. He always kept me informed of my case, and he gave me great legal insights. His litigation expertise and easy disposition allowed me to be comfortable and less stressed considering the situation. Mr. Frank always treated me with respect and valued my input. I felt part of a collaborative effort rather than the usual attorney-client relationship. It was a pleasure working with Mr. Frank, and I would most definitely recommend him to my friends and family.
I would recommend your services to anyone!
I am very satisfied for all you have done for me throughout my divorce and custody cases. You listened to what was important to me and you made it your number-one priority. The safety of my children meant the world to me and you helped me keep them safe. You are excellent in the courtroom. Throughout all of my court cases and different issues with my ex-husband, you helped me stay calm and grounded. I believe in our justice system since I was lucky enough to have an amazing attorney. Mr Gary Frank, you were a godsend in many ways, and every time I look at my children and know they’re safe I thank God for finding such a great attorney. I would recommend your services to anyone! Thank you once again for all your hard work.
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“I can’t tell you how much I am now enjoying my life. It sounds crazy, but I feel re-born! Of course, I have my days, but they are fewer and fewer. I spend time with family and friends and for the first time in seven plus years, I feel alive and well. I will never be able to thank you enough for all your caring and encouragement throughout this extremely stressful and challenging time in my life. I could not have managed to get through it without your support.”
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I chose Hannah to represent me because I know she personally invest herself into each and every client. I could tell she really cared and was ready to fight for me. When I called to schedule for a consult, Hanna received the phone call, not some lawyer’s assistant or front desk person. She has gone above and beyond what was asked of her. She knows what she’s doing. Thank you so much Hanna!
I was going through a family court case & did not have a lawyer. I needed help filling out paperwork & knowing what to do in court. Mr. Frank met with me on several occasions & helped with properly filling out all of my paperwork & informing me of the correct way to file it. He gave me his cell phone # & always returned my calls promptly.
Gary was recommended to me by a relative. I was in a long-term abusive marriage and had had enough and was ready to put an end to it. while being “ready” I was scared to death as I was someone with low self-esteem and so afraid of how my Ex would respond. Gary gave me the courage to stand up for myself and helped me work thru my insecurities so that I was able to testify in court and breath. He walked me through all the steps of what we were going to do so that I understood. he was always ready to answer any questions/concerns I had in a timely manner (and I had a lot). I have recommended Gary to several friends going thru a divorce and I will continue to do so. I can’t thank him enough for his help and what he has done for me.
When you need better than the best
It is all about passion. Whether you play baseball, run a bakery, or practice law, you will do it better if you have passion. Hanna has that passion. She helped guide me through my trying times during my divorce and custody case. Her impeccable professionalism, humanity, and understanding as well as being tough enough to get things done were beyond what I could ever hope for. I couldn’t ask for a better attorney than Hanna. She not only cared about me, she also cared about the well-being of my daughter. I would highly recommend her to anyone.
Gary and Hanna are the most amazing and compassionate attorneys in AZ. They go above and beyond and would highly recommend them to anyone! They work with you and actually care about the well being of your children vs. Money (unlike most others). I cannot thank them enough for what they have done for my own family. Angels.
Thanks From A Confident Dad
Gary, I see your LinkedIn posts every now and then and just wanted to send you a quick note. Wow, the last 6 years have been a whirlwind. I just want to thank you again for the support and guidance you provided to me 6 years ago. It has made a monumental difference in my life. My son’s mother and I made the mutual decision to move (out of state) about a year and a half ago. Ironically, we live in the same neighborhood now, we’ve got our parenting plan at about 50% time each, and we walk him to school. We get along, and it honestly can’t be any better. My son is now in 1st grade, and he has a brother who is a year and a half. In the past 6 years, I’ve evolved from the scared, immature, insecure person who sat in your office to a confident father of two boys. Your input and guidance had a lot to do with that, so, thank you. I do miss Arizona – in due time, hopefully, I’ll be back.
Family Law Client
Successful Relocation Case
To say I am grateful would not be giving you guys enough credit. I am humbled to have found you and blessed beyond words.
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I Know In My Heart I Chose The Right Attorneys To Represent Me
I appreciate all of you and all that you have done on my behalf. Most of all, I appreciate all of your moral support and your faith in me and my intentions. I know in my heart that I chose the “Right Attorneys” to represent me. I am happy that I chose wisely and trusted my heart & my ‘gut instinct.’
November 2009 I retained Mr. Frank for almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…