Temporary Orders for Grandparents Visitation 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.
The mother did not file an objection to the Grandmother’s Motion to Intervene in the case. The trial court, therefore, granted the 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. The mother filed a motion to strike the 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.
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 for Grandparents in Arizona.
Temporary Orders Hearing for Grandparents’ Visitation
The 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 that 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
The Arizona Court of Appeals found the trial court had jurisdiction to consider the 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 on 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.
If you need information on temporary orders for grandparents visitation in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody attorneys have over 100 years of combined experience successfully representing grandparents in child visitation cases in Arizona.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona grandparents visitation case around today.
More Articles About Child Custody in Arizona
- Access to a Child’s Medical Records in Arizona
- Adoption Attorneys in Arizona
- Required Affidavit in a Child Custody Case in Arizona
- Are Mothers Favored Custody Battles in Arizona
- Arizona Child Custody Attorneys
- Arizona Child Custody Statutes
- Arizona Uniform Child Custody Jurisdiction and Enforcement Act Statutes
- Changing a Child’s Last Name in Arizona
- Changing Child Custody in Arizona
- Child Custody and Child Support in Arizona
- Child Custody In Arizona
- Child Custody Laws in Arizona
- Child Custody Rights in Arizona
- Co-Parenting After Divorce in Arizona
- Custody of a Child to Grandparent in Arizona
- Delegation of Custody Decisions in Arizona
- Divorce and Grandparents Visitation in Arizona
- Effective Co-Parenting in Arizona
- Emergency Child Custody in Arizona
- Emergency Child Custody Orders in Arizona
- Enforce Parenting Time or Custody in Arizona
- Enforce Visitation Non-Custodial Parent in Arizona
- Grandparent’s Rights in Arizona
- How is Child Custody Determined in Arizona
- How to Change a Child’s Last Name in Arizona
- How to Enforce Parenting Time in Arizona
- How to Get Sole Custody in Arizona
- How to Modify Child Custody in Arizona
- How to Modify Visitation in Arizona
- Joint Custody and School Decisions in Arizona
- Joint Custody vs Sole Custody Arizona
- Joint Legal Custody or Joint Decision Making in Arizona
- Modifying Visitation With a Child in Arizona
- Moving Children Many Times in Arizona
- Order of Protection and Child Custody in Arizona
- Parent Information Program Class in Arizona
- Parent Move Out of State With A Child From Arizona
- Parental Alienation in Arizona
- Prepare for Child Custody Evaluation in Arizona
- Presumption of Equal Parenting Time in Arizona
- Restrictions in Arizona on Taking Children to Another Country
- Sole Legal Custody or Sole Decision Making in Arizona
- Sole or Joint Custody in Arizona
- Temporary Child Custody in Arizona
- Uniform Child Custody Jurisdiction and Enforcement Act in Arizona
- What Are the Child Custody Factors in Arizona
- What Determines Child Custody in Arizona
- What is a Child Custody Evaluation in Arizona
- What is a Parenting Coordinator in an Arizona Child Custody Case
- What Is Domestic Violence in Arizona
- What Types of Child Custody Are There in Arizona
- What Visitation or Parenting Time Schedules do Judges Order in Arizona
- Who Has Custody of Children When a Divorce is Filed in Arizona
- Who Is the Best Child Custody Lawyer in Arizona
- Withholding Child From Custodial Parent in Arizona
Scottsdale Arizona Divorce Attorney.
Chris Hildebrand wrote the information on this page about temporary order for grandparents visitation in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.