Reagen Kulseth

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Grandparent Rights

Pursuant to ARS 25-409, a court may grant the grandparents of the child reasonable visitation rights to the child during the child's minority on a finding that the visitation rights would be in the best interests of the child and any of the following is true:

  1. The marriage of the parents of the child has been dissolved for at least three months.
  2. A parent of the child has been deceased or has been missing for at least three months. For the purposes of this paragraph, a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency.
  3. The child was born out of wedlock.

A court may grant the great-grandparents of the child reasonable visitation rights on a finding that the great-grandparents would be entitled to such rights under subsection A if the great-grandparents were grandparents of the child.

In determining the child's best interests the court shall consider all relevant factors, including:

  1. The historical relationship, if any, between the child and the person seeking visitation.
  2. The motivation of the requesting party in seeking visitation.
  3. The motivation of the person denying visitation.
  4. The quantity of visitation time requested and the potential adverse impact that visitation will have on the child's customary activities.
  5. If one or both of the child's parents are dead, the benefit in maintaining an extended family relationship.

If logistically possible and appropriate, the court shall order visitation by a grandparent or great-grandparent to occur when the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child. If a parent is unable to have the child reside or spend time with that parent, the court shall order visitation by a grandparent or great-grandparent to occur when that parent would have had that opportunity.

Last Updated: 01/23/2015