Legal Question in Family Law in Arizona

Re: Can I get visitation?

Arizona does have a "grandparents" provision that may give you some relief, and provide you with a court-order enabling you to see your grandchild. You can read the language of the statute on line, at www.azleg.state.az.us/ars/25/00409.htm. The law covers grandparents whose child is deceased.

Please be aware that the statute does not guarantee that grandparents get visitation. It simply states that a judge can decide 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. Further angering your daughter-in-law may not be in your best interests or your grandchild's. Because of this, mediation may be preferable. Mediation is designed specifically to reduce tensions between conflicting parties, and help parties work out a solution that feels comfortable to both sides. 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, you might want to ask your daughter-in-law if she would be willing to go into mediation so that you 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 she refuses to mediate, you may be forced to take the litigation route to preserve your relationship with your grandchild. If so, you'll need to determine whether you want to pursue this yourself, or hire a lawyer to help you. To do it yourself, you can go down to the Maricopa County Superior Court "self help center" and file a motion with the court requesting grandparent visitation under the statute. If you're not comfortable doing it yourself, you will 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.