Phoenix Grandparental Custody Lawyer

Gillespie, Shields & Durrant

When parents have abandoned their children or can no longer take care of their children, the children’s grandparents may decide to intervene.  In some cases, they may seek temporary guardianship of their grandchildren and, in more serious cases, they may decide to seek joint or sole grandparental custody.  In the past, it was very rare that grandparents would be granted custody of their grandchildren.  Now days, the laws have changed and more grandparents are pursuing child custody when they feel their grandchildren are not being sufficiently provided for.

There are two types of doctrines that the courts may consider when dealing with grandparental custody cases.  First, the courts may call upon the “parental right” doctrine and rule in favor of the parent.  This doctrine protects the rights of parents and assumes that if parents have sufficient income and can prove that they have fulfilled their parental responsibilities, they will remain in custody of their children.  The doctrine implies that no one can take the place of a natural parent.  Therefore, parents should remain custodians for their children. 

The second is called the “best interests of the child” doctrine.  According to this doctrine, the courts must always consider what is in the best interests of the child.  This means that if parents have failed to meet their parental obligations or have abandoned their children, the court may rule in favor of a grandparent.  The court will assume that the grandparent is more capable of protecting the child’s welfare than the parent.

Arizona Custody Attorney

Providing Legal Service to Clients in Phoenix, Mesa, Chandler & Gilbert

If you are a grandparent that is hoping to secure custody of your grandchild, you should set up a consultation with the dedicated attorneys at Gillespie, Shields & Durrant.  The knowledgeable Phoenix grandparental custody lawyers at Gillespie, Shields & Durrant are ready to provide you with reliable legal counsel.  Contact our Arizona law office today!