Helping Grandparents Establish Rights To Visitation And Custody
The court may grant grandparents reasonable visitation rights to their grandchild if it finds that the visitation rights would be in the "best interests" of the child and if any of the following is true: (1) the marriage of the parents of the child has been dissolved for at least three months; (2) a parent of the child has been deceased or has been missing for at least three months; or (3) the child was born out of wedlock.
In determining the best interests of the child, the court will consider all factors such as (1) the historical relations between the child and the grandparents; (2) the motivation of the requesting grandparent in seeking visitation; (3) the motivation of the person denying visitation; (4) the quantity of visitation time requested and the potential adverse impact that visitation will have on the child's customary activities; and (5) if one or both of the child's parents are dead, the benefit in maintaining an extended family relationship.
When a couple divorces or when a child is born out of wedlock and the parents breakup, grandparents can feel left out of the loop, especially if the children end up with the "other parent," who is resistant to allowing them to see their grandchildren. If you have established a strong and healthy relationship with your grandchild, the court may order that it is the best interests of the child for you to have time with your grandchild.
If you have spent time raising your grandchild, in the absence of one or both parents, you may be able to establish a case based on "in loco parentis," which translates as "in place of a parent." Proving this may allow you to gain legal and physical custody of your grandchild so that you can give him or her a safe and stable home.
Strong Advocacy With Attention To Detail
At Stolar & Pollins, P.C., we work with grandparents whose grandchildren are at risk or whose children are not fit parents to raise their own children. These grandparents are seeking to prevent Child Protective Services (CPS) from removing the children from their parents' custody for fear that their grandchild will end up in foster care. Instead, as a close relative, these grandparents want to take full custody of their grandchildren and raise them as their own. This may involve a termination of parental rights or other legal means to obtain custody. Karen Pollins does dependency work in the Pima County Juvenile Court with children who suffer from abuse and neglect at the hands of one or both of their parents. She knows the system, how it is impacted by Arizona law, and understands the process that grandparents must go through to gain custody of their abused and neglected grandchildren.
Pima County Noncustodial Parent Rights Attorneys
Our mother-daughter team of lawyers will work with you to establish the right to see or care for your grandchildren. We give your case our full attention and keep your goals and desires central to our work. We know that your situation is unique to you, so we will craft a solution that best fits your needs and the needs of your grandchild.
We also work with stepparents and other relatives to gain access to children after a divorce.
Contact Stolar & Pollins To Schedule A Consultation
Contact us to discuss your unique family law situation and discover how our breadth of services can help you achieve your goals. Our lawyers are accommodating to your needs. We can be reached by phone at 520-441-6846, and we return phone calls promptly.