Legal Question in Family Law in Arizona

Re: Grandparents rights

Hello. I'm sure this situation must be heart-rending for you - to have lost a son, and now to be in danger of losing access to your grandchild. Arizona does have a statute, AZ 25-409, that creates a "presumptive right" that grandparents should have on-going contact with their grandchildren in circumstances like yours. I attempted to copy the entire statute for you here, but the LawGuru format has a limit on the number of words in an answer. Part of the statute is printed below. However, you can read the entire statute at www.azleg.state.az.us.

A. The superior court may grant the grandparents of the child reasonable visitation rights to the child during his minority on a finding that the visitation rights would be in the best interests of the child and any of the following are true:

2. A parent of the child has been deceased or has been missing for at least three months...

C. In determining the child's best interests the court shall consider all relevant factors...,

As I pointed out, the statute creates a "presumption" only, not a right. Basically that means that the court knows Arizona law prefers that grandchildren and grandparents maintain contact, but will be willing to look at all the reasons you want to visit your grandchild and all the reasons your daughter-in-law doesn't want visitation, and make a determination that is in "the best interests of the child." It has the right to decide that visitation is not in your grandchild's best interest, despite the statute, if circumstances suggest that.

If you still have some sort of communication with your daughter-in-law, you may wish to explore mediation. Mediation is a good process where children are involve because it minimizes conflict, and creates a respectful environment where problems can be solved without creating additional acrimony and bad feelings. This sort of problem-solving method is helpful where you want to maintain an on-going relationship, or where you want to maintain as much goodwill as possible with the other party for the sake of the children.

While mediation is a very good option, if there are unusual factors involved, you may also consider hiring a lawyer to look at the specifics of your situation, and to get advise about how your situation might play out in front of a judge. Once you have that information, you can decide whether to go to mediation or to court.

I am a mediator, and would be happy to talk with you more about the mediation option, and I can also refer you to qualified family lawyers whose work I trust, if you don't know whom to call. I hope this discussion has been helpful to you.

Re: Grandparents rights

Arizona provides you the right to seek "Grandparent's Visitation". Procedurally, we would need to file a Petition in the Superior Court in the County where the child resides. Then, the Court looks at your historical relationship with the child, and would grant Court-ordered access which is consistent with your past access, or even more if we can show that to be in the child's best interests.

I can explain the procedures better by phone or in person. 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