Does a grandparent have the right to court-ordered visitation?
Yes, but only under special circumstances. In Arizona, grandparents and great-grandparents have some limited visitation rights. Grandparents' rights are not absolute. It may be difficult to obtain visitation if a parent is against it.
The Superior Court may grant visitation rights to grandparents and great-grandparents if the court finds that visitation is in the best interest of the children AND if any of the following are true:
- The parents' marriage has been dissolved for at least three months.
- One of the parents is dead or missing for at least three months.
- The child was born out of wedlock.
The law says that the Judge must look at the following factors in determining the best interests of children in these cases:
- The historical relationship between the child and the person-seeking visitation.
- The motivation of the party requesting visits.
- The motivation of the party denying visits. 4. The amount of visitation requested and what potentially adverse impact such time has on the child's customary activities. 5. If one or both parents are deceased, the benefit in maintaining extended family relationship.
Any visitation rights granted through this law terminate automatically if the a child is adopted, unless the child is adopted by the spouse of that child's natural parent upon remarriage.
