Practice Area
Grandparent & Third-Party Rights
We represent grandparents and other third parties who have meaningful relationships with children and are seeking to protect those relationships through the legal process.
When Non-Parents Seek Rights
Arizona law recognizes that in some circumstances, grandparents and other third parties may have standing to seek visitation or custody rights — even over a parent's objection. These cases involve a careful balance between the constitutional rights of parents to raise their children as they see fit and the interests of children in maintaining meaningful relationships with other important people in their lives.
The legal standards for grandparent visitation and third-party custody are distinct. Understanding which standard applies to your situation — and what evidence is needed to meet it — is essential to pursuing these rights effectively.
We represent grandparents and other third parties in these proceedings, as well as parents defending against third-party claims.
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Grandparent Visitation Rights
Arizona law allows grandparents to petition for visitation rights under specific statutory conditions. These include situations where the parents' marriage has been dissolved for at least three months, where a parent is deceased or has been missing for at least three months, or where the child was born outside of marriage.
Even when standing exists, the court must find that visitation is in the child's best interests. Courts consider the historical relationship between the grandparent and the child, the motivation of the grandparent in seeking visitation, the motivation of the parent in denying visitation, the quantity of visitation requested, and the potential adverse impact on the parent-child relationship.
Because grandparent visitation involves overriding a parent's decision, courts apply a presumption that a fit parent's decision about visitation is in the child's best interests. Overcoming that presumption requires meaningful evidence.
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Third-Party Custody
In more significant cases, a non-parent may seek legal decision-making authority and parenting time — what is commonly called custody. To do so, the non-parent must show that placing the child with a parent would be significantly detrimental to the child's physical, mental, moral, or emotional health.
This is a high standard, and courts are appropriately cautious about removing children from parental custody. However, when the evidence supports it, third-party custody can be the right outcome for a child.
We have experience navigating these complex proceedings and can help you evaluate whether your situation meets the legal threshold and what evidence will be needed to support your case.
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Representing Parents
We also represent parents defending against grandparent visitation petitions and third-party custody claims. A parent's right to make decisions about their child's relationships is constitutionally protected, and we take that right seriously.
If you are a parent facing a third-party claim, contact us promptly. These proceedings can move quickly, and early preparation matters.
Protecting Important Relationships
Whether you are a grandparent seeking to maintain a relationship with a grandchild or a parent defending your rights, we can help. Contact us to discuss your situation.
Or call directly
(623) 566-4500