
Can Third Parties Be Awarded Child Custody or Visitation in Arizona?
- posted: Nov. 01, 2020
In Arizona child custody cases, the law creates a rebuttable presumption that awarding legal decision-making authority to one or both of the parents best serves the child's physical, psychological and emotional needs. This is a difficult presumption to overcome. But there are certain circumstances where the law allows a third party, such as a grandparent, aunt, uncle or other close acquaintance, to seek custody of or visitation with a child.
Can Third Parties Be Awarded Child Custody or Visitation in Arizona?
Arizona does allow third party individuals such as a grandparent or sibling to be awarded custody or visitation rights. It requires petitioning the court when certain conditions are true. If approved, the third party would be awarded legal decision-making authority, parenting time and / or visitation rights.
How Third Parties Be Awarded Child Custody in Arizona
A third party may seek legal decision-making authority or parenting time with the child if the following are true:
- The petitioner stands in loco parentis to the child. This means that the person has formed a meaningful parental-type relationship with the child for a substantial period of time.
- It would be significantly detrimental to the child to be in the custody of either parent who wishes to keep or acquire legal decision-making.
- No other court order has been entered concerning legal decision-making or parenting time within one year before the third party filed the current petition.
- One of the child’s legal parents is deceased, the child’s parents are not married to each other at the time of the custody petition or there is a pending proceeding for dissolution of the marriage or legal separation.
How Third Parties Be Awarded Visitation Rights in Arizona
It is somewhat easier in Arizona for a third party to be granted visitation rights. Any of the following facts, if established, will support a petition:
- One of the legal parents is deceased or has been missing at least three months.
- The child was born out of wedlock and the child's legal parents are not married to each other at the time the petition is filed.
- For grandparental or great-grandparental visitation, the marriage of the parents of the child has been dissolved for at least three months.
- For in loco parentis visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.
Whether you are seeking custody or visitation as a third party, it is important to retain a skilled child custody attorney for assistance.
The attorneys at Clark & Schloss Family Law, P.C. in Scottsdale, Arizona are experienced advocates on behalf of family members and other people seeking third-party custody and visitation rights. For a free consultation, call us at [ln::phone] or contact us online.