Divorce and Remarriage

questions & answers

Question: i dont get to see my grandson he is almost 3 and I've only seen him mabe 10 times what can i do to get visitation?

Answer:

Grandparents generally feel very strongly about the chance to spend time with their grandchildren, and stay involved in their lives as they grow up. However, biological and adoptive parents generally have the constitutional right to direct a child's upbringing. That right is superior to any other right, and includes the right to dictate a child's friends and associates. A.R.S. § 25-409 and A.R.S. § 25-415(C) are the two laws that will probably govern your situation. As you will see from reading both, it is very difficult (if not legally impossible) for a grandparent or great grandparent to demand visitation with a child when both biological parents are alive, well behaved, not going through any sort of marital discord, and conceived their child while married.

If, on the other hand, the child was born out of wedlock, the parents are going through a divorce (or have been divorced for at least three months), the parents were not legally married to each other at the time your petition for visitation was filed, or one of the parents is deceased or has been missing for at least three months, then you may have the opportunity to request visitation of your grandchild through the court.

Please understand that even if you are able to show one or more of these factors exists, the overriding consideration for the judge will be whether grandparental visitation serves the child's best interest. The judge may or may not regard 10 visits by a grandparent over less than three years as unfair or legally inappropriate.

It is very common for grandparents to see much less of their grandchildren - even over greater periods of time - under completely appropriate circumstances. Much depends on the geographical location of the parents and grandparents, as well as the age and any special needs of the child. Many parents of young children simply do not like to travel a lot with a son or daughter who is an infant or toddler, and most judges will respect that reluctance.

Other factors to think about are whether you have a good relationship with either or both parents and whether you live close enough to the child that you ought to be able to see him or her more often. You should think about those factors before deciding to file an action in Superior Court. It is also recommended that you meet with a family law attorney at least for a brief consultation before filing any motion.