In certain situation, grandparents and great-grandparents may be entitled to visitation or parenting time with their grandchild under A.R.S. 25-409.– A.R.S. § 25-409: Grandparents may be granted reasonable visitations to the child during the child’s minority on a finding that the visitation rights would be in the best interests of the child.– In loco parentis: [Latin “in the place of a parent”] When an individual acts as a guardian or caretaker of a child, taking on all or some of the responsibilities of a parent.– A.R.S. § 25-415: A child custody proceeding may be commenced by a person other than a legal parent. An award of custody shall be denied unless, (1) the non-parent stands in loco parentis to the child, (2) it would be detrimental to the child to remain or be placed in the custody of either the child’s living legal parents who seek custody, (3) an award of custody of the child has not been made within one year, unless there is reason to believe the child’s current environment present dangers to the child’s physical, mental, moral or emotional health, and (4) one of the legal parents is deceased, the child’s legal parents are not married to each other, or there is a pending dissolution of the legal parents.
We can conduct your consultation by phone, zoom or in person. Call us today at (480) 219-2433 or fill out the form below.