Legal Question in Family Law in Arizona

Re: Grandparents Rights

First, you haven't told me what's happened between your sister and brother-in-law, or why you believe he might succeed in getting custody of the children, but unless she's highly disfunctional (drugs, alcohol, mental illness), it's unlikely that a judge would completely sever your sister's rights. Even adultery won't cause a judge to cut a parent off. If the father does end up with sole custody, chances are high that your sister will end up with significant visitation, and she can legally take the kids to see anyone she wants during her visitation time. The only exception would be if father proves that someone (in this case a grandparent) is actually harmful to the children. Then the court might order that the kids be kept away from that one peson.

However, you are correct that Arizona has a "grandparents" provision that may give your parents some relief. You can read the language of the statute on line, at www.azleg.state.az.us/ars/25/00409.htm.

Please be aware that the statute does not guarantee that grandparents get visitation. It simply allows a judge to give grandparents visitation, if that's what is best for the child. 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.

You have another choice, and that is mediation. Litigation is not only expensive and time-consuming, it is also an "adversarial" process that leaves most people feeling angrier at the other side than before they started. Mediation is designed specifically to reduce tensions between conflicting parties, and help parties work out a solution that feels comfortable to both sides. It is particularly appropriate where there are minor children and the parents must continue to communicate about them. A mediated agreement can be entered with the court, and have the same force and effect as a judge's order, so it can be very permanent and enforceable.

Because mediation is voluntary, your sister might want to ask her husband to go this route to save money so that they don't need to start a court battle. I am an attorney-mediator, and have a web site, if you'd like to read more about mediation. You can find information at www.yesmediation.com.

If he refuses mediation, your sister may be forced to take the litigation route. Since her husband is so angry, she will probably need a good family lawyer. If you'd like to speak with one, and aren't sure who to call, please feel free to contact me and I would be happy to provide you with referrals to lawyers I trust in your area.

If you have any other questions, please feel free to contact me. Best wishes.