McGovern v. McGovern
In McGovern v. McGovern, 201 Ariz. 172, 179, P 23, 33 P.3d 506, 513 (App. 2001), the court considered the rights of grandparents to seek visitation and determined that the language used in Jackson v. Tangreen was dictum because the issue in that case involved a parent's decision to terminate visitation, not merely limit it. The McGovern court determined that neither 25-409(C) nor any Arizona decision clearly imposes such a condition on grandparent visitation and concluded that "a parent's willingness to allow some visitation is but one factor to consider under 25-409." Id. at PP 23-24.
Section 25-409(C) provides that in determining the child's best interests, the court shall consider all relevant factors, including:
(1) the historical relationship, if any, between the child and person seeking visitation;
(2) the motivation of the requesting party in seeking visitation;
(3) the motivation of the person denying visitation;
(4) the quantity of visitation time requested and potential adverse impact that visitation will have on the child's customary activities;
(5) if one or both the child's parents are dead, the benefit in maintaining an extended family relationship.