Built into Arizona law, grandparents have certain rights toward their grandchildren.
Whether you’re a grandparent who’s been denied contact with your grandchild or are concerned about their welfare or safety, continue reading to understand your options better.
At Stuart & Blackwell, we are committed to ensuring that grandparents get the help they need to maintain contact with their grandchildren and obtain placement or legal custody when necessary.
Grandparent Visitation Rights
It’s no surprise that grandparents can play a pivotal role in a child’s life, and it can be heartbreaking when they are denied access to their grandchildren.
However, built into Arizona law, grandparents have certain rights toward their grandchildren.
Under Arizona Revised Statutes, Section 25-409, a grandparent may petition the court for visitation with their grandchild if the judge believes that such contact would be in the child’s best interests, and any one of the following applies:
- The child’s parents have been divorced for at least 3 months
- A parent of the child has been deceased or has been missing for at least 3 months
- The child was born out of wedlock
When Should a Grandparent Consider Adoption?
Adoption may be unnecessary in temporary cases, such as the parents being deployed or incarcerated, and guardianship or custody may be a more suitable option. However, adoption may be the next step when a parent is no longer able or willing to provide care to the child.
Having the right and responsibility to make decisions on the child’s behalf is a common motivator for grandparents to gain legal rights to the child through adoption. If you already have full-time care of the child, you may have faced some legal challenges when trying to take care of the child’s needs. For example, as a non-legal parent or guardian, you have no legal authority to take the child to the doctor, enroll them in school, or sign off on their permit or license.
If the situation is more severe, the grandparent may petition to remove the parent’s rights. The unique part of grandparents’ right to adopt is that they do not have to receive parental consent to start and achieve the process.
Receiving Legal Assistance
If you are a grandparent looking to adopt your grandchild, Stuart & Blackwell can help you navigate the process from start to finish. The adoption process can be daunting and full of unknowns, but receiving professional guidance can make the experience seamless.
If you believe your grandchild’s health, safety, or well-being are at risk, do not hesitate to contact Stuart & Blackwell immediately. Call (480) 420 2900 for your free consultation.