Third Party Visitation Lawyer Phoenix

Arizona law provides grandparents with certain visitation rights. Under A.R.S. § 25-409, the court may grant visitation rights to a grandparent if the visitation would be in the child’s best interest.

Third Party Visitation / Grandparent Visitation

Third-party visitation refers to visitation rights granted to someone who is not the biological or adoptive parent of a child/children. This may include grandparents, aunts, uncles, or other family members, as well as non-family members who have formed a significant relationship and care for the child. Third-party visitation cases typically arise when there is a dispute between the child's parents or when a parent is no longer in the picture.

Arizona law provides grandparents with certain visitation rights. Under A.R.S. § 25-409, the court may grant visitation rights to them if the visitation would be in the child’s best interest and any of the following are true:

  • The marriage of the parents of the children has been dissolved for at least three months;

  • One of the legal parents is deceased or has been missing at least three months. A parent is considered to be missing if the parent’s location has not been determined and the child’s parent has been reported as missing to a law enforcement agency; or

  • The children were born out of wedlock, and the children's legal parents are not married to each other at the time the petition is filed.

Additionally, under A.R.S. § 25-409, the court must give special weight to the opinion of the parents as to what serves the best interest of their children. However, they must consider all relevant factors, including:

  • The historical relationship, if any, between the child and the person seeking visitation

  • Who has child custody

  • The motivation of the requesting party seeking visitation

  • The motivation of the person objecting to visitation

  • The quantity of visitation time requested and the potential adverse impact that visitation will have on the child’s customary activities

  • If one or both of the child’s parents are deceased, the benefit in maintaining an extended family relationship

Grandparents visiting with grandchild

The most difficult cases for grandparents are when the one with primary child custody objects to visitation. When a parent objects to visitation, the grandparent must do two things: (1) show that access to the grandparent is in the good for the child, and (2) overcome the presumption that the parent acts in the best interest of the child. As these two things are somewhat intertwined, the question really becomes whether visitation with the grandparent is in the child’s best interest.

How We Can Help

Our team of attorneys has extensive experience representing clients in cases of visitation for third parties. We understand that these cases can be emotionally charged and that the best interests of the child are always the top priority. We will work closely with you to understand your unique situation and develop a legal strategy that is tailored to your specific needs.

Some of the ways we can assist you include:

Advocating for your rights - We will work tirelessly to advocate for your visitation rights and ensure that your relationship with the child is protected. We will represent you in court, negotiate with the other party, and do everything in our power to achieve a positive outcome.

Mediation - In many cases, mediation can be a helpful way to resolve disputes outside of court. Our lawyers are skilled at facilitating productive conversations and finding common ground between parties.

Legal representation - If your case goes to court, we will provide you with strong legal representation. We will prepare you for court appearances, file all necessary paperwork, and ensure that your case is presented in the best possible light.

Ensuring compliance - Once visitation rights have been established, we will work to ensure that they are being followed. If the other party is not complying with the visitation order, we will take legal action to enforce your rights.

Contact us today to schedule a consultation with one of our experienced family law attorneys. We are here to assist you in the complexities of third party visitation and achieve a positive outcome for you and your family.

Important Questions To Ask Before Hiring A Lawyer For Visitation Rights

If you are considering hiring a third-party lawyer for visitation rights, here are some questions you may want to ask during the initial consultation:

  • What experience do you have in handling cases involving third-party visitation rights?

  • What is your approach to these types of cases? How do you typically work with clients to achieve their goals?

  • What factors do courts typically consider when deciding whether to grant visitation rights?

  • What are some common challenges that arise in visitation cases, and how do you address them?

  • What are the potential risks and benefits of pursuing visitation rights in my particular case?

  • What is your fee structure, and how will I be billed for your services?

  • How often will we communicate throughout the case, and what methods of communication do you prefer?

  • What is your success rate in obtaining visitation rights for your clients?

At The Law Offices Of Laura Gillis, we pride ourselves on our ability to assist those who are not biological parents or guardians and do not have child custody rights with gaining visitation.

Frequently Asked Questions

Here are some frequently asked questions about third party visitation.

What is the process for obtaining third party visitation in Phoenix?

If you are dealing with a custody case in Phoenix, Arizona, there may come a time when you need to seek visitation rights. This is the legal right to visit a child who is not your own. In these situations, it's important to seek the aid of a knowledgeable visitation lawyer. A visitation lawyer can assist you to understand your legal rights and guide you through the process of filing a petition and presenting your case in court. They can also represent you in court and advocate on your behalf to ensure that you have the best chance of securing visitation rights with the child/children. With the assistance of a skilled visitation lawyer, you can increase your chances of a positive outcome in your case.

Are there any limitations on the types of cases a visitation lawyer in Phoenix can handle?

When it comes to visitation rights in Phoenix, it's important to have the right legal representation on your side. A skilled visitation lawyer can assist you in navigating the complexities of Arizona's family law system and fight for your right to maintain a relationship with your loved one.

Whether you're a grandparent or a stepparent an experienced lawyer can assist you in understanding your legal options and work to achieve a favorable outcome in court. With a dedicated legal advocate by your side, you can feel more confident in your ability to protect your relationship with the child you care about.

What are the advantages of hiring a visitation lawyer?

Visitation lawyers are well-versed in the laws and regulations related to visitation rights. They can provide valuable guidance on the legal process, ensure you understand your rights and options and advocate for your interests in court.

Are there any special considerations I should make when choosing a lawyer in Phoenix for visitation?

Look for a lawyer who has experience specifically in handling visitation cases in Phoenix or the state of Arizona. The laws and procedures related to visitation can vary by state, so it's important to find a lawyer who is familiar with the local laws and court system.

What is the process of applying for visitation rights in Phoenix?

The process of applying for visitation rights in Phoenix may vary depending on the specific circumstances of your case but generally involves the following steps:

  • Consult with a visitation lawyer

  • File a petition with the court

  • Serve notice to the parties involved

  • Attend a hearing

  • Receive a court order

It's important to note that the process of applying for visitation rights for third parties can be complex and time-consuming. Working with a visitation lawyer in Phoenix can ensure that your rights are protected and that you have the best chance of success in your courts.

Contact The Law Office Of Laura Gillis

The experienced family lawyers at The Law Office of Laura Gillis can help third parties (including grandparents, uncles, aunts, and others) navigate through issues of legal decision-making, visitation, and placement. Call today for a consultation: (602) 277-4736.