Grandparent Visitation Rights in Arizona

Arizona law allows grandparents to seek court-ordered visitation in certain circumstances under Arizona family law. Whether due to divorce, loss, or estrangement, Arizona law provides a path for grandparents to remain part of their grandchildren’s lives when it's in the child's best interest.

Technically, the law provides visitation rights for "non parents" that are not necessarily required to be grandparents, but the law is mostly used by grandparents to see their grandchildren, so it is frequently referred to as "grandparent" visitation. Just know that anything written here about grandparent rights also applies to other non parents who may have standing to request visitation rights.

Legal Requirements Under Arizona Law

To file for grandparent visitation in Arizona, at least one of the following criteria must exist, according to A.R.S. § 25-409:

1. The parents' marriage has been dissolved for at least three months.
2. One of the child’s legal parents is deceased or has been missing for at least three months.
3. The child was born out of wedlock, and the child’s parents are not married to each other at the time the petition is filed.

If one of these conditions is met, the court will then consider whether visitation is in the best interests of the child.

How Arizona Courts Decide

When determining whether to grant grandparent visitation, Arizona courts evaluate several factors:

• Your past relationship with the child
• The reason you’re requesting visitation
• Any objections from the parents and their reasoning
• The potential impact of visitation on the child’s routine
• The benefit of maintaining family connections—especially after loss

Courts give significant weight to the opinions of the child’s legal parents but also weigh the emotional and developmental benefit of grandparent involvement.

The Visitation Petition Process

If no family court case is currently open, the petition should be filed in the Arizona Superior Court in the county where the child lives. If a legal decision-making or parenting time case already exists, the petition should be filed in that case.

The petition must include:

• A statement explaining which legal condition has been met
• Supporting facts that show why visitation is in the child’s best interest
• Service of the petition on both parents and any other legal guardians

What About Custody for Grandparents?

In limited cases, grandparents may also seek custody. If you've acted in loco parentis—in the role of a parent—and the court finds that staying with a legal parent would be harmful to the child, you may petition for legal decision-making authority or placement.

Get Help from an Arizona Family Law Attorney

Navigating grandparent visitation rights in Arizona is complex and emotionally charged. Courts balance many competing interests—and having the right legal guidance is crucial to presenting a strong case.

Let Larson Law Office Help

At Larson Law Office in Mesa, Arizona, we understand the importance of your relationship with your grandchildren. Attorney Robert Larson is experienced in family law and committed to protecting the rights of grandparents.

Call us today at 480-582-5228 or book your consultation online to learn your options and take the next step forward.