Legal Question in Family Law in Arizona

Re: What is Grandparents law?

The grandparent's visitation statute provides grandparents with the right to seek access ("visitation") with their grandchildren. However, the access ordered is usually nominal (i.e. one Saturday or weekend per month). The schedule depends on the overall circumstances and history.

I can explain the issues and procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: What is Grandparents law?

Sounds like a really uncomfortable situation. You haven't told me what is happening between yourself and your mom, or why you are seeking an order of protection. Depending on what is going on, this may impact your mom's ability to make use of the "grandparents visitation" law.

The "grandparents" provision is not a guarantee of visitation for grandparents, but does give the judge the right to grant visitation to your mother if he or she feels visitation would be good for your children. The statute tells judges to look at the whole picture, and suggests some specifics to look at, including the historical relationship between the grandparents and the child, the reasons the grandparent is seeking visitation, the reasons the parent is denying visitation, how the visitation might impact the child's activities, and other variables. The judge will listen to your opinion about why your mom should not have visitation, and her opinion of why she should. The judge will then make a decision one way or the other. The whole law is on line at www.azleg.state.az.us/ars/25/00409.htm.

If your family members do not present a danger to your children, and you think you might be willing to allow limited access on your own terms, you might want to consider a less expensive, less "fighting" problem-solving method - mediation. Litigation is an "adversarial" process that will pit you against your mother, and make a bad relationship an even worse. Mediation, by comparison, will reduce tension and anger and is a good way to negotiate family matters. It is particularly appropriate where there are children involved.

The other great thing about mediation is that nobody imposes an agreement on you. Unlike a court, where the judge will make a decision that you may or may not like, in mediation, you are in control of the decision. No agreement is reached unless both you and your mom both feel you can live with it. If the process fails (although this is unusual), no one is stuck with an agreement they don't want and the to go to court is still available.

If you think you might want someone neutral to help you mediate this situation through before it gets out of hand, consider mediation. I can send you a couple of brochures on mediation and how it works, if you get me your address. There are a few situations where mediation is not appropriate (such as where physical abuse is a concern). I am an attorney-mediator, and would be happy to talk to you about whether mediation or litigation is a better choice for you. I also have a web site, if you'd like to read more about mediation on line, at www.yesmediation.com.

If you do feel you'd like to talk to a regular lawyer, but aren't sure whom to call, please contact me and I would be happy to provide you with referrals to lawyers I trust in your area. Best wishes.