Seeking Grandparents’ Rights in Arizona: First Steps

Mushkatel, Gobbato, & Kile, P.L.L.C. | Family Law
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    elderly manArizona law allows grandparents to seek visitation rights with their grandchildren in certain situations.

    Are you are a grandparent seeking to establish or protect your right to see your grandchildren?

    A few “first steps” to consider include asking:

    • Is the relationship in the child’s best interests? This is the primary question the court will ask when deciding whether or not to grant grandparent visitation and how to arrange visitation. Consider the ways in which your relationship with your grandchild benefits him or her. You may wish to make a list of these items to share with your attorney.
    • Do I need an attorney? While some Arizona grandparents seek visitation without an attorney, having an attorney on your side can help you navigate the process more easily and build a stronger case in favor of visitation. When seeking an attorney, look for one with experience helping grandparents and grandchildren maintain visitation with one another.
    • Do Arizona’s grandparent visitation laws apply to me? Arizona does not allow grandparents to petition the court for visitation if the child’s parents are married. If they are not married, have been divorced for at least three months, or one of the parents is deceased, however, grandparents may seek visitation. If you are not sure how the law applies to you or want to understand the full range of options available, speak to an experienced attorney.

    At Mushkatel, Gobbato, & Kile, P.L.L.C., our experienced Arizona divorce and family law attorneys can help you understand and protect your rights during an arduous divorce process. To learn more, contact us today.

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    About the Author

    Zachary Mushkatel

    Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.