How is Child Visitation Determined in an Arizona Divorce?

In Arizona, child visitation is based on the welfare of the child. In determining whether a non-custodial parent is entitled to child visitation, the court considers whether the visitation would seriously endanger the child's physical or emotional health. Visitation rights extend to grandparents, absent adoption.

25-408. Rights of Non-Custodial Parent: Parenting Time

A. A parent who is not granted custody of the child is entitled to reasonable parenting time rights to ensure that the minor child has frequent and continuing contact with the noncustodial parent unless the court finds, after a hearing, that parenting time would endanger seriously the child's physical, mental, moral or emotional health.

25-409. Visitation Rights of Grandparents and Great-Grandparents

A. The superior 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:

The marriage of the parents of the child has been dissolved for at least three months.
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.
The child was born out of wedlock.

B. The superior 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.

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

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

D. If logistically possible 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.

E. A grandparent or great-grandparent seeking to obtain visitation rights shall petition for these rights in the same action in which the parents had their marriage dissolved or in which the court determined paternity or maternity, or by a separate action in the county where the child resides if no action has been filed or the court entering the decree of dissolution or determination of paternity or maternity no longer has jurisdiction.

F. All visitation rights granted automatically terminate if the child has been adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply to the adoption of the child by the spouse of a natural parent if the natural parent remarries.

Talk with an Attorney

If you are a non-custodial parent in Arizona, you are entitled to child visitation if the court determines that visitation is in the best interest of the child. This applies if you are the grandparent of the child. Talk with an experienced family law attorney to discuss your case.

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