Do You Have the Right to Parenting Time With Your Grandchild?
Some parental decisions profoundly affect the children involved. Has your son- or daughter-in-law refused to allow you to see your grandchildren? This is especially common in these situations:
- Your child has died and their spouse opposes grandparent Parenting Time
- Your child isn’t married to their children’s other parent
- Your child has gotten a divorce and their ex opposes grandparent Parenting Time
Grandparents can provide child care assistance, stability and a fresh point of view to parents. They can provide a long lifetime’s experience and extra love and caring to their grandchildren. Grandparents can be crucial in their grandchildren’s lives. It may be time to take legal action to secure Parenting Time with your grandchildren.
Arizona law allows grandparents (and great-grandparents) to seek Parenting Time with their grandchildren when it is in the grandchildren’s best interest.
How Do I Apply for Grandchild Parenting Time?
With the help of an experienced attorney, you would file a petition with the court. This petition must be verified or supported by an affidavit that includes detailed facts supporting your argument for why the Parenting Time is in your grandchild’s best interest.
Along with your petition, you must also provide notice to the child’s legal parents, any third parties with legal decision-making authority or Parenting Time rights with the child, any guardian or guardian ad litem, any person or agency in possession of the child, and any other person or agency with rights over the child. Your lawyer can help you make sure all the right people and agencies receive notice.
When the court considers whether grandparent Parenting Time is in the grandchild’s best interest, it will give special weight to the parents’ opinion. The court will also consider other factors, including:
- Your historical relationship with your grandchild
- Your motivation in seeking Parenting Time
- The parent’s motivation for objecting to your Parenting Time
- How much Parenting Time time you are requesting and how that might adversely affect the child’s customary activities
- If a parent is deceased, the benefit of maintaining the extended family relationship
A Few Notes on Grandparent Parenting Time
Keep in mind that you can only seek Parenting Time through the courts while your grandchild remains a minor. Once they reach 18, the courts can no longer enforce Parenting Time orders.
Also, you generally cannot get Parenting Time if your grandchild has been placed for third-party adoption.
Finally, if you believe you need legal decision-making authority (legal decision-making authority) over your grandchildren, you can also petition to get that authority.
If your son- or daughter-in-law has decided to withhold a relationship with your grandchild, you can petition for Parenting Time rights. Discuss your situation with an experienced family law attorney.