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The State of Arizona has a provision which allows visitation for grandparents over a parent’s objection. In order to accomplish this; (1) the grandparent must overcome the presumption that the parent always acts “in the best interest of the child,” and (2) access to the grandparents is in the child’s best interest. This burden must be overcome by a “preponderance of the evidence” (i.e. the grandparent must show by a 51% probability that visitation is “in the child’s best interests) You also need to demonstrate one of the following applies to your situation:
A It has been at least three months since your grandchild’s parents have been divorced.
B. One of the parents has been deceased or missing for at least three months. There are two circumstances in which a parent would be considered missing – either the parent’s location is unknown or law enforcement has declared him or her missing.
C. The parents were not married when your grandchild was born.
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