Temporary Visitation Order for Grandparents in Arizona

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 the very issue.

It would seem that the actual issue needing to be determined is whether the trial court had statutory (or other appropriate authority) to issue the temporary order for visitation in the case of Lambertus v. Porter. It was concluded that the court did have authority pursuant 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 considered the request in consideration of the child’s best interests and in pertaining to the child being born out of wedlock and the parents not being married at the time the petition was filed. Arizona Revised Statutes § 25–404(A) (Supp.2013) allows for 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 and, therefore, the court of appeals felt she was qualified to file for temporary orders.

The Mother argues that the Grandmother is not a part of the legal decision making and parenting time proceedings as it does not specify “visitation” as being 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 legal parents’ opinion of what best serves the child should be given extra consideration.

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, it was found the court in this particular case acted in excess of its own authority.

Considering the Plain Language of the Law and Legislative Intent

To summarize, the majority opinion, in this case, appears to be in conflict with the plain language of the law, particular definitions of “parenting time” and “visitation.” It is particularly interesting to point towards the recent revisions of two of the statutes in reference to this case (§ 25–404(A) and § 25–401).

Their recent revisions in combination with the constitutional presumptions afforded to parents to raise their children should lead us to conclude that the plain meaning of the terms should be seen as the best indicator of intent unless the verbiage is ambiguous or leads to an interpretation that is obviously inappropriate.

The fact that the legislative scheme names specific classes and/or parties eligible for visitation obviously suggests that the legislature had no intention of granting visitation to third parties not specified. It becomes apparent that the trial court lacked the authority for their decision to grant a temporary order providing visitation to the grandmother and the mother’s request for relief is granted by way of vacating the temporary visitation order.

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.

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.