Grandparents & Stepparents' Custody

Arizona Grandparents and Stepparents' Custody Rights

In certain situations, grandparents and stepparents need advice and representation about their ability to protect their access to a grandchild or stepchild or even to obtain temporary custody or guardianship of a child whose primary custodial parent is unable to provide a safe and stable home. If you need advice about your visitation or custodial rights with respect to a grandchild or stepchild, contact a knowledgeable child custody lawyer at the Law Offices of Scott David Stewart in Phoenix.

Grandparents can encounter difficulty in maintaining contact with grandchildren when their own adult child is the noncustodial parent. Hostility or even domestic violence issues between the parents can result in an inability to see the grandchild on a regular basis. Whether the grandchild's parents are divorced or never were married, we can help you explore the possibility of establishing a right to regular visitation. The main factors to consider and prove in family court are the existence of an existing substantial relationship between the grandparent and the grandchild, and evidence that protecting and recognizing the relationship is in the grandchild's best interests.

Other situations where a grandparent's right to visitation or custody can be advanced include:

• Stepping into a parent's visitation schedule in the event of overseas military deployment
• Petitioning for primary custody in circumstances where neither parent is available to discharge parental responsibilities effectively
• Applying for temporary guardianship in cases where drug or alcohol problems, conditions of neglect or abuse, or the incarceration of the primary custodial parent make placement with the grandparent a good alternative to foster care

Stepparents' rights are not quite as extensive as those of a grandparent, but will need to be considered in situations where the stepparent wants to protect and continue a relationship with a spouse's child after a divorce. As in other situations involving grandparents or domestic partners, the main considerations are the importance and nature of the existing relationship between the stepparent and the child, and whether it is in the child's best interest to continue the relationship after the divorce.

For the advice of an experienced Arizona family law attorney on issues concerning a grandparent or stepparent's child custody and visitation rights, contact the Law Offices of Scott David Stewart.