questions & answers

Question: I recently filed to relocate myself and my son to California. After his father and I could not agree on the move, the case was given to the judge for decision and it was declined. According to our parenting plan, neither parent is allowed to take the child out of state for vacation. My mom, whom has helped me raise my son since age 1, is wanting him to visit but without his dad's approval he is not able to go. Would my mom be able to file for grand parent's rights? And would this allow for him to be able to travel to California for vacation? All advice appreciated.

Answer: Arizona law does provide for the possibility of grandparent visitation.  A.R.S. 25-409. The court will consider visitation requests from grandparents, but only if one of the following is true: the parents of the child have been divorced for at least three months, one of the parents of the child is deceased or legally missing, or the child was born out of wedlock and the parents are not married to each other. In the event one of these criteria is met, the court may grant visitation if it concludes that visitation is in the child's best interests.  The statute also obligates the court to give "special weight" to the legal parents' opinions and to take into consideration factors such as the "historical relationship, if any, between the child and the person seeking visitation" and the motivations of the persons requesting or objecting to visitation.