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WHAT ARE MY OPTIONS AS A NON-PARENT?
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In Arizona, third parties include relatives and custodians who may also be invested in the well being of a child. These parties can petition the Court for visitation with a minor child even if the child’s parent(s) objects. How does the court decide exactly what rights to visitation the grandparents will have? The family court is bound by certain limits that it has to consider. Third parties seeking visitation must show that such visitation is in the child’s best interests.
If you are a grandparent applying for visitation with a grandchild through the Arizona Family Court system, that child’s parents need to be divorced for at least three months. Or, in the alternative, one of the parents has to be declared missing for at least three months or declared dead. Or, in the alternative, the child was born out of wedlock. Arizona Courts focus on the child’s best interest and prioritize the parents’ legal rights to that child over the rights of all other parties. Peaceful Family Law will examine the law and your specific situation to create a compelling case for the Arizona Family Court.
Frequently Asked Questions
Can a Grandparent or Third Party Gain Custody of Children in Arizona?
What Standards Apply for a Natural Parent to Gain Custody?
What Standards Apply in an In Loco Parentis Situation?
In situations where the third party acting In Loco Parentis to the child only seeks visitation rights, the standards are less burdensome. According to the Arizona Court of Appeals in Egan v. Fridlund-Horne, the trials courts must give special weight to the biological parent’s wishes regarding visitation between their child and the person who claims In Loco Parentis rights.
What Standards Apply for Non-Biological Parties Who Are Not Acting as Parents?
Can Grandparents Get Visitation Rights Through Temporary Orders?
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Peaceful Family Law was founded in 2009 with a desire to ensure the institution of family was preserved in times of conflict. Jennifer Moshier was one of the first trained collaborative law attorneys in Arizona.
We want our clients to stay in control of their family court outcomes and be involved in making a peaceful transition in to the next chapters of their lives.