Grandparents and Stepparents

Phoenix Grandparents and Stepparents' Rights

At the Weingart Law Firm in Tempe, our family law attorneys advise grandparents, and great-grandparents about securing rights of access to their own children's children. Our lawyers also help stepparents with adoptions involving their spouse's children. For more information about our ability to help you achieve your family goals, contact us to schedule an initial consultation.

When one spouse in a new marriage has primary residential custody of a child from a previous marriage or relationship, the other spouse might often be interested in adopting the child as a stepparent. The prospective stepparent's practical ability to do so depends to a great extent on the child's relationship with the other biological parent--a child can only have two parents.

If the other parent is missing for an extended period or deceased, then the stepparent can adopt the child. If the other parent maintains a limited presence in the child's life, the other parent might consent to a waiver and termination of parental rights and allow the adoption to go forward. Older children also have the right to have their own preferences taken into account as well. Generally speaking, stepparent adoptions should only take place when the relationship between adult and child has most or all of the characteristics of a genuine parent-child relationship.

Sometimes in a divorce case, a stepparent will want to secure a court order of parenting time access or even physical custody of a stepchild. In order to establish visitation or custody rights with regard to a stepchild, the stepparent will need to show that such an arrangement will be in the best interests of the child, and that the stepparent acted substantially as a parent--in loco parentis, as Arizona law phrases it--for the care, support, and nurturance of the child. This situation arises most often in cases where the child's biological parent faces serious problems with drug or alcohol abuse, or even incarceration, and the stepparent has assumed the responsibilities of a parent over an extended period of time prior to divorce.

Grandparents or great-grandparents can apply for a family court order granting them parenting time access to children as well. They may petition for such visitation rights in cases where the parents of the child or children have been divorced for three or more months, if the child's parent is missing or deceased, or if the child was born to parents who were not married. As in the case of stepparent visitation rights, grandparents will also need to show that a grant of parenting time access will be in the best interests of the children involved.

To schedule an initial consultation about our ability to help you secure your rights as a grandparent or stepparent in Arizona, contact the Tempe family law attorneys at the Weingart Law Firm.