Are you possibly one of the thousands that helped to raise your grandchild and now you are not allowed to see them?
Our firm can help you. Grandparent cases have become more prevalent in Arizona over the last two decades for many reasons. We believe that when there is a strong bond between grandparents and their grandchildren that it is in the best interest of the grandchildren to have good contact with their grandparents. However, the heartbreaking truth is that in Arizona grandparents rights do not include an automatic right to have contact with their grandchildren. The Arizona Family Courts can minimize the invaluable role that grandparents play in their grandchildren’s lives. Though it is very rare that the court would refuse a grandparent access to grandchildren unless there is clear evidence of danger from abuse or neglect, establishing a schedule for grandparent visitation can be ordered by the court by working with your lawyer to file a petition for visitation.
Grandparents Rights in AZ
In AZ, grandparents rights may even extend to custody, if it’s best for the grandchildren. When parents are divorced and the parent with custody (now called “Full-Time Parenting Time”) dies, the law automatically transfers custody to the other living parent. If you believe your grandchild’s living parent is incompetent, you can file with the court for In Loco Parentis full-time parenting time in Family Court or for guardianship in Juvenile Court, asking the judge to appoint you as your grandchild’s guardian or the full-time custodian instead. If you can prove to the court that one or both parent(s) are abusive or unfit, the court is given the duty to decide the interests of the child or children ahead of the parents’ rights.
In some cases, grandparent rights are not a matter of guardianship, but limited to visitation. You can apply for your own visitation time to see your grandchildren. If one or both parents raise objections, you are likely to have to go to a Court hearing so you can give testimony and evidence as the why your visits are best for your grandchildren. The court will then make a decision based upon the testimony and other evidence presented. This is not as easy as it may seem, and you should have good legal representation at each stage because you will need to persuade the court that you have a meaningful and on-going relationship with your grandchildren, which significantly benefits their lives. Contact us for information on how McMurdie Law & Mediation may assist you in obtaining your Grandparent rights.
March 2022 – Regina F
Cristi is a wonderful attorney! She is pleasant and kind as a person and a pit bull in the courtroom. Her knowledge pertaining to child custody cases is extensive. This was a long process but Cristi was vital in getting our grandchildren awarded to us…we couldn’t be happier. ReginaRead more “March 2022 – Regina F”
February 2014 – Frank S
Have known Cristi and her office for years! Great service she provides to the public and her clients. She goes out if her way to ensure clients are happy. If you need legal work in the area of family law and want to get great service at a very fair price then hire Cristi. You won’t beRead more “February 2014 – Frank S”
August 2010 – Michael W
Cristi is an exceptional professional, she explained complex legal documents to my 80-year old mother into easy-to-understand concepts and language. My mother and I have complete faith in her knowledge and expertise and would willingly turn to her for further legalRead more “August 2010 – Michael W”
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(480) 777-5500
64 E. Broadway Rd. Ste.200 Tempe, AZ 85282
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McMurdie Law & Mediation is associated with the Davis Miles McGuire Gardner Law Firm (DMMG), a full service law firm with many in the top 10 according to Ranking Arizona.
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