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Temporary Visitation Order for Grandparents in Arizona

Item: Hildebrand Law, PC
Rating: 5
Author: Chris Hildebrand

Posted on : December 22, 2015, By: Chris Hildebrand

Temporary Visitation Order for Grandparents in Arizona

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Some grandparents have asked about a temporary visitation order for grandparents in Arizona. The Arizona Court of Appeals in the case of Lambertus v. Porter addressed whether a judge has the authority to grant temporary visitation to grandparents in Arizona.

Trial Court Determines If It Has Authority to Order Temporary Visitation to Grandparents

Grandparents Visitation Rights in Arizona. — Grandparents Visitation Rights Arizona.

The trial court had to determine whether it had statutory authority (or other appropriate authority) to issue the temporary order for visitation in the case of Lambertus v. Porter.

The judge determined it did have power according to Arizona Revised Statute § 25–402, subsection B, paragraph 2, providing that a person other than the legal parent may petition for visitation with the minor child through the Superior Court.

The court heard the request considering the child’s best interests and the parents not being married. Arizona Revised Statutes § 25–404(A) (Supp.2013) allows a party “involved” in the legal decision-making or parenting time proceedings to move for temporary orders.

The trial court considered the Grandmother’s intervention in the paternity action as “involvement” in the legal decision-making and parenting time proceedings.

Therefore, the appeals court felt she was qualified to file for temporary orders.

Distinction Between Involvement In The Case and Statutory Authority to Order Temporary Visitation to Grandparents

The mother argued that the Grandmother is not a part of the legal decision-making and parenting time proceedings as it does not specify “visitation” as part of the process.

While Arizona law specifically identifies that a trial court may grant visitation rights to non-parents at the court’s discretion and according to the child’s best interests, the court should give the legal parents’ opinion extra consideration of what best serves the child.

Given that information and the fact that no statute gives a trial court the actual legal ability to award visitation to any non-parent at a Temporary Orders proceeding, the Court of Appeals ruled the trial court acted over its authority in this particular case.

Considering the Plain Language of the Law and Legislative Intent

In this case, the majority opinion appears to conflict with the law’s plain language, particularly definitions of “parenting time” and “visitation.” It is interesting to point toward the recent revisions of two statutes about this case (§ 25–404(A) and § 25–401).

In combination with the constitutional presumptions afforded to parents to raise their children, their recent revisions should conclude that the plain meaning of the terms should be seen as the best indicator of intent unless the phrasing is ambiguous or leads to an inappropriate interpretation.

The Legislature Did Not Intend to Allow a Judge to Grant Grandparents a Temporary Order for Visitation in Arizona

The Ruling on Grandparents Visitation Rights in Arizona. — Ruling on Grandparents Visitation.

It becomes apparent the trial court lacked the authority for its decision to grant a temporary order providing visitation to the Grandmother. The legislative scheme names specific classes and parties eligible for visitation, which suggests that the legislature had no intention of granting visitation to third parties not specified. The court granted the mother’s request for relief when it vacated the temporary visitation order.

Attorneys Representing Grandparents in Arizona

If things are not going well in your Arizona grandparent child visitation case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona grandparent child visitation and family law attorneys have over 100 years of combined experience successfully representing clients in grandparent visitation cases.

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.

Click Here to Schedule Your Consultation!

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 grandparent visitation case around today.

Temporary Visitation Order for Grandparents in Arizona.

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I hired Michael Clancy just when I was about to give up on an existing post-decree case which I started with a different attorney over a year ago. Michael is knowledgeable, upfront and personable; he gave me the confidence to continue and settle my post decree case. I knew he was secure, capable and could handle my case and represent me well. He did everything he could to ensure a great outcome for the modification of my current court orders to help my son have a more stable mental, social and physical well-being, which to me is priceless! I would highly recommend him to anyone who wants to be in the best possible hands during one of the most stressful events that could happen to any parent that wants the best for their child/children. Thank you Michael for fighting for my son's safety!! Also, his paralegal, Alison, was awesome and very helpful!

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HIGHLY RECOMMEND! Cannot say enough wonderful things about my experience with Hildebrand Law. I have been working with Chris and the firm for about 6 years now, and I always feel like my concerns, issues and questions are addressed in a thorough and timely manner. They definitely have my best interests at heart. I recommend Chris whenever anyone asks me who I used as my divorce attorney. Great firm and great results!

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23:51 18 Oct 18

I first should comment on how I found this law firm. I am an attorney myself, though never licensed in Arizona. I moved to Arizona to rejoin my wife and son, who had moved out to Arizona ahead of me. Things soured. I don't know why, but they did. There was a particular issue for me with inherited property. I did some basic Internet research, and Hildebrand's name kept coming up as the author of scholarly articles on the issue concerning me. I asked that Hildebrand be assigned to my case. This was not possible, but his second in command, Mr. Micuda, took over, and Mr. Micuda knows his business. The initial scheduled 1 hour meeting ran for an hour and 45 minutes, and facts, law, and strategy were fully discussed. Throughout the case, everything was explained to me clearly, both verbally and in writing. Proceedings went forward without delay. Because I had selected one of the most prominent Domestic Relations firms in town, there was no serious opposition. This ended up being an essentially co-operative divorce between the two sides, the reasoning being to conserve assets rather than enrich lawyers. Through a series of 3 or 4 payments, I put up about $10,000 for fees and costs. I found the Hildebrand law firm's billings to be fair. They billed for work done; no padding. I am getting about 25% of what I paid in back, as a refund. The matter was done in about 6 months: divorce, agreed property settlement, agreed support provisions as to my son. My matters were handled by an attorney and paralegal team, and handled efficiently. Mine was not a "big" case in terms of its economic value to anyone, but I did not feel like a second or third class citizen; I was treated with the same respect, even though the dispute was over a condo, as opposed to, say, a Scottsdale mansion with land. This may sound strange, but i was actually somewhat sorry that the matter had to come to a conclusion. I felt that I had been treated like a friend, not just an anonymous customer. Being a practical man, I realize it's down to sending a Christmas or other seasonal card. As I said at the outset, I found this place by dint of my own research. I feel I am a lucky man that I did.

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22:53 26 Jul 18

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17:19 28 Jun 18

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17:15 13 Jun 18

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21:20 02 Apr 18

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.

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21:53 27 Feb 18

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16:03 22 Nov 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

21:41 07 Nov 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

18:16 18 Sep 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

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06:53 27 Sep 14

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Sam Franchimone

22:09 12 Sep 13

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.

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