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Scottsdale Grandparent Custody and Visitation Lawyer

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Under Arizona law, grandparents may have certain rights to custody and visitation with their grandchildren. Grandparents’ custody rights in Scottsdale should be balanced with parents’ constitutional right of control over their children. At the Law Office of Karen A. Schoenau, we are dedicated to protecting both a grandparent’s right to have access to their grandchildren and a parent’s right to protect their children.

We know that each family is different. Sometimes grandparents’ right to see their grandchildren can be critical to the life of those children. Other times, parents may want to prevent that visitation from occurring. Regardless of your situation, we can help.

We use forceful advocacy and more than two decades of experience to help families achieve the best possible results in cases involving grandparents’ custody rights in Scottsdale. We have built a history of success in this area and we continue to strive for positive results in every case we take on. Contact us to schedule a case consultation with one of our attorneys.

Why Choose Us

  • Our firm focuses on complex child custody cases and understands the intricacies of grandparent rights. We will leverage our experience, resources, and skills to advocate aggressively for your rights.
  • Our founding Scottsdale divorce attorney, Karen Schoenau, has over 20 years of experience in Arizona family law and has won awards and distinctions recognizing her dedication to our clients, including the 2019 Maricopa County Bar Association Volunteer Lawyers’ Program Attorney of the Year. She also handled a case that was on the front lines of grandparents’ rights in Arizona.
  • Our firm has been successful in attaining custody and visitation rights for grandparents through the in loco parentis law as well as through guardianship, dependency proceedings, and the grandparents visitation statute. In addition, we have successfully represented parents who have good faith reasons for limiting grandparent access.
  • Grandparent custody and visitation cases in Scottsdale can be complex and emotional proceedings. Our firm will handle all aspects of your case on your behalf and provide you with guidance, support, and compassion from consultation to resolution.

Protecting the Rights of Arizona Children

When making decisions concerning children, Arizona courts prioritize the children’s best interests. If a custody arrangement or visitation request would not be beneficial for the child, the court will likely deny it. Courts consider a number of relevant factors when determining whether a decision meets a child’s needs.

At the Law Office of Karen A. Schoenau, we follow this model when creating case strategies and representing our clients. Our firm seeks to secure the best resolution possible for children and will work closely with you to determine your child’s needs. This mindset helps us work toward an optimal outcome for our clients and their families.

The Best Interests of the Child in an Scottsdale Grandparent Custody Case

In determining grandparents’ visitation rights, the court considers the best interests of the grandchildren. To determine what those best interests are, judges weigh the following factors under Arizona law:

  • History of the relationship between the child and the grandparent seeking visitation.
  • Reason the grandparent seeks visitation.
  • Reason of the parent or other person denying or limiting visitation.
  • The visitation offered by the parent.
  • Quality of the visitation time and the potential impact that visitation will have on the child’s activities.
  • If the child’s parents have passed away, the benefit of maintaining a relationship with the grandparents.
  • What type of contact is in the best interests of the child.

Can Scottsdale Grandparents Receive Custody Rights?

In limited circumstances, Arizona courts may grant grandparents custody over their grandchildren. According to Arizona Statute 25-409, however, you will need to prove that all of the following facts are true in order to secure custody.

  • You stand in loco parentis to your grandchild. In loco parentis is a legal term that means that you were treated as a parent by your grandchild and that you developed a meaningful parental relationship with him or her for a period of time.
  • It would be significantly detrimental to your grandchild’s well-being to remain or be placed in the custody of his or her legal parents.
  • A court with jurisdiction over the custody arrangements has not entered a custody order concerning your grandchild within one year. This does not apply if your grandchild’s safety is endangered by his or her environment.
  • One of the legal parents is deceased, the parents are not married to each other, or a divorce is pending between the parents.

Visitation for Scottsdale Grandparents

Grandparents have the right to seek visitation with their grandchildren if the court believes it would be in their best interest. You have the right to petition the court for visitation if one of the following circumstances applies to your case.

  • One of the child’s legal parents has been deceased or missing for at least three months.
  • The child’s legal parents have been divorced for at least three months.
  • The child was born out of wedlock and his or her legal parents were never married.

When determining whether grandparent visitation would be in the best interest of your grandchild, the court will consider several important factors. For example, it will examine the relationship between you and your grandchild and your motivation for seeking visitation. The court will also consider why the child’s legal parents may be denying visitation to you, and whether the visitation schedule you are seeking would have an adverse impact on the child’s well-being. In these situations, it is important to have an attorney on your side who can prove that visitation would be beneficial to your grandchild and advocate for your rights.

Talk to Our Scottsdale Grandparents’ Rights Attorney About Your Arizona Visitation or Custody Matter

When you have questions about your rights as a grandparent, talk to our experienced lawyer. Get real answers that apply to your situation. Contact us at (480) 209-1918 or online.

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