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Temporary Orders for Grandparents in Arizona | Voted “Best of the Valley”

Posted on : January 23, 2016, By:  Christopher Hildebrand
Grandparents Visitation in Arizona

Temporary Orders for Grandparents Visitation in Arizona

Temporary Orders for Grandparents in Arizona.

Temporary Orders for Grandparents in Arizona.

The Arizona Court of Appeals addressed a Special Action appeal in the grandparent’s visitation case of Lambertus v. The Honorable Gerald Porter. The case began as a paternity case with Linda Faye Day-Strange seeking to establish paternity to establish Tyler Day (“Father”) as the natural father of their child. Father signed a Voluntary Acknowledgement of Paternity and Mother amended the child’s birth certificate listing Father as the biological father of the child.  At the time the paternity case was subsequently filed, Father was serving a lengthy prison sentence,  Grandmother filed a motion to intervene in the paternity action. Mother did not file an objection to Grandmother’s Motion to Intervene in the case. The trial court, therefore, granted Grandmother’s Motion to Intervene in the case and, therefore, named Grandmother as a property party in the case.

In February of 2014, Grandmother filed a petition for grandparent visitation as well as a motion for temporary orders granting her visitation. Mother filed a motion to strike Grandmother’s motion for temporary orders. The trial court held a Temporary Orders Hearing after which the court issued a temporary order granting the grandmother parenting time with the child two hours a week.

Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
A Google User
A Google User
20:31 20 Sep 17
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
A Google User
A Google User
21:41 07 Nov 17
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Google User
Google User
14:58 04 Oct 17
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
A Google User
A Google User
16:03 22 Nov 17
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
A Google User
A Google User
22:14 28 Jun 17
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
A Google User
A Google User
18:16 18 Sep 17
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
A Google User
A Google User
19:22 23 Aug 17
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
A Google User
A Google User
17:44 23 Jun 16
I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.
Bassam Ziadeh
Bassam Ziadeh
21:20 02 Apr 18
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Larry Flint
Larry Flint
21:53 27 Feb 18
Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.
Sam Franchimone
Sam Franchimone
22:09 12 Sep 13


In that same month, a Court Appointed Advisor (CAA) began investigating Mother’s concerns about Grandmother, as well as Father’s concerns about Mother. Mother was ordered to undergo a hair follicle test. Grandmother was ordered to undergo random alcohol testing. The trial court held an evidentiary hearing on temporary orders in April of 2014. The court ruled that Grandmother should have two hours of visitation with the child every week on a temporary basis at a pizza restaurant unless both parties agreed to a different location. The court also ordered Grandmother’s random alcohol testing stopped with the stipulation that, any time Mother had concerns about her sobriety during a visit, Mother could immediately stop the visit and Grandmother would immediately report for alcohol testing.

Temporary Orders Hearing for Grandparents’ Visitation

Mother filed for a stay of the temporary orders with the trial court, which was denied. The mother then filed a Special Action appeal to the Arizona Court of Appeals and a Motion to Stay the trial court’s ruling, which was also denied by the Arizona Court of Appeals. A Special Action is a special appeal that is usually filed during the pendency of a case, as opposed to a normal appeal which is filed when the final orders have been issued.  There are limited reasons permitting a Special Action appeal of a family court’s orders.

The Arizona Court of Appeals felt a Special Action appeal in this was appropriate in this case due to the fact that the order complained of was a temporary order that granted Grandmother visitation rights, that Temporary Orders are not appealable after final orders are entered, and there was not another adequate and speedy appellate remedy. Mother argues in her Petition for Special Action the trial court lacked subject matter jurisdiction to grant temporary visitation to Grandmother. Additionally, Mother argued her right to due process was violated by the trial court as she claimed she had insufficient time to prepare for the Temporary Orders Hearing.

Trial Court Has Jurisdiction to Hear Grandparents Request for Visitation

Court Cannot Give Grandparents Temporary Orders.

Court Cannot Give Grandparents Temporary Orders.

The Arizona Court of Appeals found the trial court had jurisdiction to consider Grandmother’s request for visitation. The Superior Court is granted jurisdiction of “cases and jurisdictions in which exclusive jurisdiction is not vested by law in another court” by the Arizona Constitution. Additionally, the Superior Court has original jurisdiction over paternity cases. Mother’s special action petition raised the question of whether or not the trial court had the authority to issue the temporary orders for grandparent visitation. The Arizona Court of Appeals ruled the trial court had the authority to issue a Temporary Order granting the Grandparent’s request for visitation. The Arizona Court of Appeals found no merit to Mother’s argument that she was denied Due Process at the Temporary Orders hearing.

Grandmother’s petition for visitation was filed on February 5, 2014. The CAA was appointed at the February 28, 2014, hearing. The review hearing took place on April 18, 2014. When the review hearing was scheduled, the judge advised both parties that no temporary orders would be issued on that date, but that another hearing would be held within a week if necessary.  The evidentiary hearing was set for April 21, 2014, during the April 18, 2014, review hearing.The issues that were addressed by the Arizona Court of Appeals included a discussion of whether a Grandparent was permitted to be granted temporary visitation with a child before final orders are issued in the case.

The Court of Appeals looked at Arizona Revised Statute Section 25-404 that grants a trial court with the authority to issue temporary child visitation orders during the pendency of the case.  The Court of Appeals also looked at Arizona Revised Statute Section 25-401 to determine who the legislature intended to be permitted to request temporary visitation orders. The Arizona Court of Appeals concluded that the trial court has all the powers necessary to exercise its jurisdiction over child custody cases, pursuant to Arizona Revised Statute Section 12-123(B) and, further, that the trial judge had the inherent authority to conduct such hearings and issue such orders that are necessary to provide justice in a case, pursuant to the prior Arizona Court of Appeals case in Arpaio v. Baca. The Court of Appeals concluded that the exercise by the trial court to issue temporary visitation to Grandparent was necessary to administer its jurisdiction and authority over child custody and visitation cases.

Call us at (480)305-8300 to schedule your personalized consultation with one of our experienced Phoenix and Scottsdale Arizona child custody attorneys.