From Visitation to Custody of a Grandchild in Crisis Situations
Greater Phoenix family law attorney Janice Palmer advises grandparents and other relatives about their right of regular access to grandchildren after the parents of the child divorce or after the relationship between unmarried parents comes to an end. If you need advice about your rights as a grandparent, or if you are a parent with an interest in opposing the creation of formal grandparent visitation rights, contact the Law Offices of Janice M. Palmer, P.C., in Chandler.
Arizona law leaves a great deal of discretion to the judge in resolving disputes between a grandparent and a parent. In order to establish an enforceable interest in visitation rights, the grandparent needs to demonstrate that the visitation proposal would be in the best interests of the child. In most cases, the visitation granted to the grandparent will essentially serve as part of the visitation granted to the parent through whom the relationship is claimed. In other words, grandparent visitation will not normally expand the parenting rights of the noncustodial parent.
Mesa and Tempe Grandparent Visitation Attorney: Call 480-269-8926
In order to show that visitation would be in the grandchild's best interests, the grandparent must be prepared to present evidence of a substantial and positive relationship and the absence of any ulterior motive in seeking visitation. The grandparent should also be ready to meet any parental objections to the proposed visitation. Grandparent visitation proposals should additionally show a willingness to avoid intrusion into the parent-child relationship.
Parents can have many reasons for resisting the formal award of grandparent visitation, and parenting time lawyer Janice Palmer can help them present these reasons to the court. Because of the constitutionally protected nature of the parent-child relationship, it will usually be difficult for a grandparent to obtain visitation rights over the legitimate objections of an opposing parent.
As well as advising clients about the legal and procedural aspects of grandparent visitation disputes, the Law Offices of Janice M. Palmer also represents people in cases where a grandparent or other relative seeks "in loco parentis" custody of a child as an alternative to foster care placement in family crisis situations. The considerations in these cases are very different from those raised in a grandparent visitation case.
The Latin phrase in loco parentis means "in the place of the parent," which basically describes what's going on when a grandparent moves for temporary legal and physical custody of a grandchild. When the custodial parent is disabled, incarcerated or otherwise unable to provide a safe and stable home for the child, a grandparent or other relative can come forward to take the parent's place, together with various attributes of parental authority such as access to school and medical records, the right to authorize emergency medical treatment, and the right to make other important decisions on behalf of the child. Without a grant of custodial powers in loco parentis, the grandparent or other relative might find that he or she will not be able to perform the role of a parent in all of the ways required for the child's welfare.
For more information about grandparent visitation and child custody in Greater Phoenix, the East Valley and northern Arizona, contact a Chandler grandparent rights attorney at the Law Offices of Janice M. Palmer.
