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Temporary Visitation Order for Grandparents in AZ | Hildebrand Law

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

Grandparent Visitation in Arizona

Temporary Visitation Order for Grandparents in Arizona

Temporary Visitation Order for Grandparents in Arizona.

Temporary Visitation Order for Grandparents in Arizona.

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

Grandparents and Visitation.

Grandparents and Visitation.

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.

Learn About Temporary Orders for Grandparents Visitation in Arizona from Our Arizona Licensed Attorney Chris Hildebrand of Hildebrand Law, PC.

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.

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Scottsdale Arizona Divorce Attorney.

Scottsdale Arizona Divorce Attorney.

Chris Hildebrand wrote this article 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.

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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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I cannot express enough how thankful I am that I found Hildrebrand Law. Chris Hildebrand is an excellent attorney who has my best interests in mind and always encourages me to do the right thing regardless of what the opposing party is doing. Chris knows family law very well and relies on that knowledge to format options and solutions for each situation that may arise. He knows what the Court expects and what will and will not be tolerated. He has attempted to settle this case quickly and as inexpensively as possible from the start. His paralegal, Laura, is remarkable. She is organized, quick to respond, and compassionate. Chris is well prepared with a binder full of detailed and organized information and that is likely due to her thorough skills and expertise. While getting a divorce that was unexpected is a painful and difficult process, Chris and Laura treat my family and I like friends rather than another just "client." I am hopeful that I do not need to recommend divorce lawyers to anyone in the future but if I do, Hildebrand Law will be a recommendation I would give hands down.

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Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!

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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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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!

Shari Abbit

Shari Abbit

21:15 12 Apr 19

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!

Rick Cabral

Rick Cabral

23:23 22 Jan 19

Chris Hildebrand is one of the sharpest and effective attorneys that I have encountered in my 27 years of business. Doing business on the East Coast, as well as Southern California and Arizona has afforded me countless opportunities to work with legal minds from various parts of the country. Needless to say, Chris is by far one of the most honest, intelligent and street smart attorneys I have encountered. I have referred a number of people to Chris and everyone has been fully satisfied. 100% recommend him!

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