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When the decision to get divorced is made, extended family members are also impacted. Aunts, uncles, nieces, nephews, and grandparents are all included on this list. These family members play a significant role in a child’s life and it is important to allow those relationships to continue. Unfortunately there are circumstances where contact with the extended family of your ex-spouse decreases over time. When this happens, there are things that can be done, especially in the case of grandparents.
Third parties do have rights regarding children, and can ask the Court to enforce those rights. Examples of when a third party might seek decision making authority, or visitation rights with a child include instances where one of the parents dies, or when the parents are not married at the time the child is born. Perhaps the most common instance of a third party seeking to enforce visitation rights with a child is the case of grandparents. In order to request these rights a third party has to do the following:
● File a petition for enforcement of rights.
● Set forth the basis for the request and allege the facts that support the third party’s request for enforcement of rights.
● Give notice of the proceeding to those that have legal rights to the child.
If the request is opposed, facts supporting the opposition must be given. When making a decision the Court will consider things like the historical relationship between the child and the third party, the specifics of the visitation requested, and the benefit in allowing the child to maintain a relationship with the third party. Each case is different and must be examined for the facts relevant to your position. Call our office for a review of your case and allow us to work with you to develop a strategy that is likely to get results that work for you.
For answers to your questions about the rights of grandparents or other third parties, consult our office. Let us put our experience to work for you. Call the Sampair Group in Phoenix and the West Valley today to schedule your appointment.
