Third Party Rights
In certain situation, someone who is not the child’s legal parent, such as a grandparent or great-grandparent, may be entitled to visitation with the child under A.R.S. 25-409. – 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. § 25-409: A visitation proceeding may be commenced by a person other than a legal parent. The court may grant visitation rights on a finding that the visitation is in the child’s best interests and that any of the following is true: (1) one of the legal parents is deceased or has been missing at least three months, (2) 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) for grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months, and (4) for in loco parentis visitation, a proceeding for divorce or legal separation of the legal parents is pending at the time the petition is filed.
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Scottsdale, Arizona 85253
