Grandparents often play a meaningful and stabilizing role in their grandchildren’s lives. But when a family splits apart—whether due to divorce, separation or the death of a parent—it can become harder for grandparents to stay connected. In Arizona, grandparents have legal options that may allow them to maintain these relationships. However, the right to visitation or custody is not automatic and involves specific legal requirements.
Visitation rights
The court allows the grandparents to petition for visitation under these specific circumstances:
- One of the child’s parents has passed away or has been missing for at least three months.
- The child’s parents were not married when the child was born.
- The child’s parents have been divorced for a minimum of three months.
In any of these cases, a grandparent can ask the court for visitation, but it’s up to the judge to decide if it would be in the child’s best interests. Arizona courts give special weight to a parent’s decision to deny visitation, meaning the grandparent must present compelling reasons why they can visit their grandchild.
How courts decide
The court looks at several factors when considering a grandparent’s petition, including:
- The historical relationship between the grandparent and grandchild.
- The motivation of both the grandparent and the parent opposing visitation.
- The number of visits requested and how it might affect the child’s schedule.
- The potential benefits to the child of maintaining a relationship with the grandparent.
Ultimately, the focus is always on the child’s well-being. If visitation supports the child’s emotional and developmental needs, the court may favor the grandparent.
When grandparents can have custody
In rare cases, grandparents may seek custody—legally known in Arizona as “legal decision-making authority.” To be awarded custody, the grandparent must show that:
- The child would be at risk of harm if left in the care of their parent(s).
- Awarding custody to the grandparent is in the child’s best interests.
These cases are more complex and require a higher burden of proof, mainly because courts generally favor placing children with their biological parents.
Family dynamics and the modern challenge
Divorce, remarriage, relocation and strained family relationships can all make it harder for grandparents to see their grandchildren. Even when a bond is strong, physical distance or changing family dynamics can disrupt those connections.
Grandparents who are cut off due to family strain—whether from conflict with a parent or simply because of a relocation—may feel helpless. But Arizona provides a path forward. The courts recognize that a healthy, ongoing relationship with a grandparent can provide children with emotional security and a sense of continuity during times of family change.
Protecting grandparent rights
If you’re a grandparent facing obstacles to maintaining your relationship with a grandchild, acting thoughtfully and strategically is important. Here are some steps that may help:
- Keep records of your involvement in your grandchild’s life—visits, holidays, school events and support.
- Try to maintain open and respectful communication with the child’s parent or legal guardian.
- Seek legal guidance before taking action to understand your rights and responsibilities.
- If necessary, file a petition for visitation or custody with the help of an experienced family law attorney.
Legal processes can be daunting, especially when emotions are high and relationships are strained. But knowing your rights and working within the legal system can help you protect the bond that matters so much—not just to you but to your grandchild’s future as well.