Arizona grandparents possess the right to seek custody of their grandchildren in limited situations, according to Arizona Revised Statutes. A grandparent interested in obtaining custody of her grandchild pursues a case in the superior court in the county where the minor child resides.
Arizona Standard
The standard applied by courts in Arizona in determining if a grandparent should win custody of a grandchild is based on an examination of what is in the best interests of that minor, according to Arizona Revised Statutes. Ultimately, the rights of all other parties--the parents and grandparents--are secondary to the ultimate interests of the child in question.
Considerations
In analyzing whether granting a grandparent custody of a child, Arizona law requires a court to consider number of factors. These include the preexisting relationship between the grandparent and the child, the overall mental and physical health of the child and grandparent, and the child's wishes, depending on her maturity level.
Circumstances of Parents
The circumstances of the parents typically trigger a grandparent to seek custody of a grandchild. For example, if an Arizona superior court issued an order removing the child from the parents' home based upon a substantiated allegation of abuse or neglect, a grandparent is in a position to seek custody of that minor.
Reintegration Plan
If a grandparent wins custody of a grandchild because of an allegation of abuse or neglect centering on the parents, the laws of Arizona include a preference for attempting to reintegrate the minor with his parents. The superior court judge that removed the children from the parents in the first place develops a reintegration plan, or scheme that sets forth objectives the parents must achieve in order to regain custody of the child.
Expert Assistance
Issues and procedures surrounding the custody of a child represent complicated legal matters. Consequently, as a grandparent seeking custody of a grandchild, seriously consider retaining the services of an experienced lawyer. The State Bar of Arizona maintains resources to assist you in finding the right attorney for your case, including a directory of lawyers with experience in custody law.
