Protecting the Bond Between Grandparents and Grandchildren in Arizona
When family relationships break down, grandparents are often caught in the middle. If you’re being denied time with your grandchildren, you have legal options. At Cohen Family Law, we help grandparents throughout Phoenix and surrounding Arizona communities assert their rights to visitation or custody when it serves the child’s best interests. Our goal is to help you maintain a meaningful role in your grandchild’s life.
If you believe you’ve been unfairly cut off from your grandchildren, contact us today to learn how we can help restore your relationship.
Why Choose Cohen Family Law
- More than 30 years of family law experience in Arizona
- Focused representation in grandparents’ rights and custody matters
- Compassionate, results-driven approach that prioritizes family connections
- Proven success in helping grandparents secure visitation and custody orders
- Led by Mitchell E. Cohen, a seasoned Phoenix family law attorney dedicated to protecting children’s well-being
When Do Grandparents Have Legal Rights in Arizona?
Arizona law does not automatically grant grandparents visitation rights. However, the Superior Court may approve visitation or custody if it’s determined to be in the child’s best interests.
You may be eligible to petition for rights if:
- The parents’ marriage has been dissolved for at least three months
- One parent has been deceased or missing for three months or more
- The child was born out of wedlock, and the parents are not married to each other at the time the petition is filed
Even when one or more of these factors apply, the court will evaluate whether your involvement benefits the child’s emotional and developmental needs.
How Courts Decide What’s in the Child’s Best Interests
When determining whether to grant visitation, Arizona courts consider:
- The existing relationship between you and your grandchild
- Your motives for seeking contact
- Whether the parent opposing visitation has questionable reasons for denying it
- The child’s wishes, depending on their age and maturity
- How your involvement could positively impact the child’s well-being
We will help you gather the documentation and testimony needed to show that maintaining your relationship supports your grandchild’s best interests.
Can Grandparents Seek Custody in Arizona?
In some cases, grandparents may pursue custody (legal decision-making authority) when the child’s parents are unable to provide a safe or stable home. Courts are generally inclined to keep children with their parents, but exceptions exist.
You may qualify to seek custody if:
- You have acted in loco parentis, meaning you’ve cared for the child as a parent would
- Living with either legal parent would be significantly detrimental to the child’s well-being
- Both parents are deceased, unfit, or unable to provide proper care
- Both parents consent to you having custody
- There is clear evidence of abuse, neglect, or substance misuse in the home
- One parent is incarcerated, mentally ill, or abusive, and the other cannot adequately support the child
When reviewing a custody petition, the court applies a rebuttable presumption that living with a legal parent serves the child’s best interests. To overcome this presumption, you must provide clear and convincing evidence that awarding you custody better protects the child’s safety and stability.
We’ll prepare your case carefully, addressing factors such as your health, financial stability, and caregiving history, so the court sees the full picture of why your home is the safest place for your grandchild.
How We Help Grandparents Build Their Case
At Cohen Family Law, we will:
- Review your family history and court eligibility
- Collect evidence showing a strong, positive bond with your grandchild
- Prepare petitions for visitation or custody
- Represent you in hearings and negotiations
- Seek enforcement of court orders if your visitation rights are denied
Our role is to help you assert your rights while minimizing family conflict whenever possible.
Contact Cohen Family Law About Grandparents’ Rights in Phoenix
If you’re a grandparent seeking visitation or custody, you don’t have to face this process alone. At Cohen Family Law, we understand how deeply these cases affect families. We will work closely with you to help protect your relationship with your grandchildren and ensure your voice is heard in court.
Contact us today to schedule a consultation and learn more about your legal options.
FAQ: Arizona Grandparents’ Rights
Can a parent block grandparent visitation after a divorce?
Not always. If a parent unreasonably denies access, a court can intervene and order visitation if it’s in the child’s best interests.
What if the parents move out of Arizona?
Jurisdiction can become complex. We’ll help you determine whether Arizona still has authority over your visitation or custody order.
Can grandparents be required to pay child support?
Generally, no. However, if you obtain custody, you’ll assume financial responsibility for the child’s care and may be eligible for support from the parents.
