There is no guarantee that a Phoenix grandparent who desires to secure visitation time with his or her grandchild will be legally permitted to do so. This is because visitation matters are addressed on a case-by-case basis and evaluated based on their specific facts. Under Arizona law, however, there are a number of factors that a court will evaluate as it determines if visitation is appropriate between the grandparent and child.
Particularly, the wishes of the child's parents will be considered when third parties like grandparents seek to secure visitation rights with the youth. Additionally, a court will explore the depth or significance of the relationship between the grandparent and child to determine if furthering it through visitation would serve the interests and needs of the child.
If a matter ends up in court over grandparents visitation, it is likely that some party, usually the parents, oppose the request for visitation. In such an acrimonious case, the court will look at exactly why the grandparent wants visitation rights and why the parent or parents want to prevent the grandparent from having contact with the child.
Finally, an Arizona court may consider the breadth of visitation sought by the grandparent and may evaluate if that amount or duration of time would disrupt the life of the child. These and other factors form the basis of consideration that courts use when deciding if grandparent visitation will serve the best interests of the child subject to the hearing.
As previously stated, it is impossible to guarantee that a grandparent will receive the visitation time that he or she desires with their grandchild. The facts of every family law case are different and as a result, the outcomes of different cases can vary. Readers who wish to pursue grandparent visitation matters may wish to consult with a family law attorney about their legal dilemmas.