Tucson Grandparents' Rights Attorneys

Arizona is one of the few states that explicitly spells out when and how a grandparent may pursue legal custody or visitation rights to his or her grandchild. This is done in Arizona Revised Statute §25-409, Visitation Rights of Grandparents and Great-Grandparents.

This statute states that a grandparent may pursue legal rights if the court finds visitation to be in the best interest of the child, and if the child's biological or legal parents are deceased or are missing for at least three months or the child was born out of wedlock.

Determining The Best Interest Of The Child

While some of these criteria are clearly defined, the "best interest of the child" remains vague. What does it mean for visitation to be in the child's best interest and how can we demonstrate that to a judge in court?

Factors typically considered in this analysis include:

  • The relationship between the grandparents and grandchildren
  • The value added to the child's life by fostering a relationship with his or her extended family (particularly in cases where one or both of the child's parents are deceased)
  • What is motivating the pursuit of or the denial of visitation or custody rights
  • Whether or not visitation time will interfere with the child's daily life in a negative or unstable way

The court must be presented with this information in a persuasive and definitive manner in order to find that granting grandparent rights in visitation rights would be in the best interest of the child.

When you contact The Law Office of Thomas Wilson PC, we will work through details of domestic violence and neglect, paternity, guardianship and child care needs, and, in some cases, your options in grandparent adoption. No two families are the same, which is why we work with each of our clients personally to find the right solution.

Contact a lawyer at our office in Tucson, Arizona, online or by telephone at 520-624-2728 for more information about how we can help.