Arizona law generally presumes that awarding child custody — formally known as legal decision-making authority — to one or both parents best serves the child's physical, psychological, and emotional needs. This presumption can be challenging to overturn. Nevertheless, there are specific situations in which the law permits a third party, such as a grandparent, aunt, uncle, or other close acquaintance, to pursue custody or visitation rights for a child.

Arizona law allows third parties, including grandparents and siblings, to be granted custody or visitation rights under certain conditions. This process involves petitioning the court, and if successful, the third party may be awarded legal decision-making authority, parenting time, and/or visitation rights.

For a third party to seek legal decision-making authority or parenting time with a child, the following conditions must be met:

1. In loco parentis relationship — The petitioner must stand in loco parentis to the child, meaning they have formed a significant, parental-type relationship with the child over a substantial period.

2. Detriment to the child — It must be shown that it would be significantly detrimental to the child to be in the custody of either parent who wishes to maintain or obtain legal decision-making authority.

3. No recent court orders — There must be no other court order regarding legal decision-making or parenting time within one year before the third party filed the current petition.

4. Parental circumstances — One of the child’s legal parents must be deceased, the parents must not be married to each other at the time of the custody petition, or there must be a pending proceeding for the dissolution of marriage or legal separation.

Obtaining visitation rights as a third party in Arizona can be somewhat easier compared to seeking custody. The court will consider granting visitation rights if any of the following conditions are met:

1. Deceased or missing parent — One of the legal parents is deceased or has been missing for at least three months.

2. Unmarried parents — 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.

3. Grandparental or great-grandparental visitation — The marriage of the child's parents has been dissolved for at least three months.

4. In loco parentis visitation — There is a pending proceeding for the dissolution of marriage or legal separation of the child's legal parents at the time the petition is filed.

Regardless of whether a third party seeks custody or visitation, a skilled child custody attorney can navigate the complexities of family law and advocate effectively on behalf of those seeking third-party custody and visitation rights.

The attorneys at Clark & Schloss Family Law, P.C. in Scottsdale, Arizona, have extensive experience in representing family members and other individuals in third-party custody and visitation cases. For a consultation, call 602-789-3497 or contact us online.