Understanding Non-Parent Custody in Arizona
SERVING THE YAVAPAI COUNTY AND SURROUNDING AREAS
During a divorce proceeding, did you know it is possible for a non-parent to be granted custody or visitation rights of a child in Arizona? It’s true.
However, before such a decision is rendered, the non-parent petitioner will have to demonstrate to the court why it is in the child’s best interests to be granted custody or visitation rights.
It’s not an easy bar to clear, however, if you believe it is truly in the best interests of a child, our team at David M. Wilson Law is here to serve you and protect your rights.
Non-Parent Rights are Similar to Grandparents’ Rights in a Divorce
The same statute that provides for visitation and custody rights for grandparents, also affords them to third parties, or non-parents. This group includes stepparents, relatives or non-relatives who have provided care for the child and are considered “in loco parentis,” a Latin phrase that literally means “in place of a parent.”
In the broad scope of the definition, in loco parentis can refer to any person that has provided some of the functions of a parent — think relatives or non-relatives.
The one who files the petition stands in loco parentis to the child.
It would be detrimental to the child to remain with either of the legal parents.
A court has not entered or approved an order concerning the legal decision-making or parenting time within a year before the filing of this petition (unless it’s reasonable to believe the child’s present situation might seriously affect the child’s physical, mental, moral, or emotional health).
One of the parents is deceased.
The child’s legal parents are not married to each other at the time the petition is filed.
A proceeding for dissolution of marriage or for legal separation is pending when the petition is filed.
Hire an Experienced Family and Divorce Attorney
If you are not a legal parent and you believe it is absolutely in the child’s best interest for you to have custody, visitation, or decision-making rights, then you should speak with us about how to navigate this complicated process.
Keep in mind, the legal parents have constitutional rights that you do not have. This will not be an easy process, but there is a path forward.
At David M. Wilson Law, we do not recommend you try to go this route alone. You need an experienced and knowledgeable family attorney when court proceedings are unavoidable. You can count on more than 25 years of experience with David M. Wilson Law Office.
David Wilson Law is here to help you during difficult family law issues. We represent clients on either side of any family issue and do our best to help both parties live in peace and coexist. Contact us to see how we can assist you.
Hire an Experienced Family and Divorce Attorney
Getting divorced is difficult, but it should not lead to a financial crisis. Within the confines of the law, we at David M. Wilson Law utilize every available provision to help to establish fair and equitable spousal support or temporary alimony.
Financial issues often compound the already difficult process of separating your life with that of your spouse. This is why legal representation can be so critical.
You need an experienced and knowledgeable family attorney when court proceedings are unavoidable. You can count on more than 25 years of experience with David M. Wilson Law Office.
David M. Wilson Law is here to help you during difficult family law issues. We represent clients on either side of any family issue and do our best to help both parties live in peace and coexist.