Phoenix Divorce Attorney Defends Grandparents’ Custody and Visitation Rights
Consulting a Phoenix divorce attorney is the first step for grandparents and extended family members who want to preserve their relationship with their grandchildren after a break-up or divorce. If you are a grandparent who is seeking custody or visitation rights or if you’re a parent who is opposing this agreement, contact the Law Offices of Janice M. Palmer P.C. in Chandler to discuss your situation.
Arizona Laws and Grandparent Visitation
In Arizona, decisions regarding custody and visitation rights between grandparents and grandchildren are made on a case-by-case basis. To establish your rights, you must prove that the visitation would be in the child’s best interests. This can be accomplished if you can show that you had a close relationship with your grandchildren and were a positive influence on them. You must also show that you don’t have ulterior motives for seeking a visitation agreement, such as a desire to undermine or disrupt the parent-child relationship. Even if you can prove all of these things, you must still be prepared to counter objections from either parent.
Strategies for Protecting Grandparents’ Rights
Parents can challenge your right to custody or visitation for many reasons. Usually, grandparents are at a disadvantage because parent-child relationships are protected by the U.S. Constitution. These situations are especially difficult when a parent appears to have legitimate objections over the proposed agreement. In general, it’s wise to consult a Phoenix divorce attorney who can present your case and assess relevant evidence.
Grandchild Custody Claims
If you are seeking custody rather than visitation, Phoenix divorce attorney Janice M. Palmer at the Law Offices of Janice M. Palmer can advise you on the legal process and procedures for making these claims. In some cases, in loco parentis custody will be given to a grandparent or other relative. This can be done if a minor would require foster care following a family crisis. However, the process for requesting custody is much different than what is used in visitation claims.
Temporary Custody in Place of a Parent
In loco parentis is a legal term that means a responsible adult will be acting in place of a parent. Without the full custodial power offered by an in loco parentis ruling, you wouldn’t be able to perform all parental duties that are needed to ensure a child’s well-being. This doctrine can be used when a parent is unable to make a decision or act on behalf of a child, but it can also apply to situations where a grandparent or relative will assume temporary custody of a minor. This can occur if the custodial parent becomes disabled, is incarcerated, or is unable to care for the child. When this happens, a grandparent or relative can step in and assume parental authority. As a temporary parent, you will have a duty to care for the child and the right to make important decisions regarding schooling, medical care, and other matters.
Contact Our Phoenix Divorce Attorney
If you are seeking custody or visitation rights, an attorney can help protect your interests following a divorce, break-up, or family crisis. To learn more about these issues, contact a Phoenix divorce attorney from the Law Offices of Janice M. Palmer at (480) 820-4771 or toll-free at (888) 352-7725.