Third Party, Grandparents and Domestic Partner Rights in Arizona

Third Party Rights Attorneys in Scottsdale and Phoenix, AZ

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Do third parties have a right to visitation with a child?

Sometimes. Even if a person is not the biological parent of a child, he or she may still have rights to see that child. In certain situations, someone who is not the child’s legal parent, such as a grandparent, great-grandparent or domestic partner can be classified as a “third-party” and may be entitled to visitation with a minor child.

If a child’s parent opposes visitation with a third-party, visitation rights may still be granted by the court. In Arizona, grandparents and other persons such as domestic partners, can petition the Court for visitation with a minor child even if the child’s parent(s) objects. Parties seeking visitation with a minor child must show that such visitation is in the child’s best interests and that the objecting parent is not acting in the child’s best interests.

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Third Party Rights

5 Facts about Third Party Rights in AZ

  1. Third Party Rights
  2. Who Has Rights?
  3. Best Interests
  4. Special Weight
  5. In Loco Parentis

What factors determine a third-party's rights to visitation with a child?

IN DETERMINING THE CHILD’S BEST INTERESTS AND THIRD PARTY RIGHTS THE COURT WILL CONSIDER ALL RELEVANT FACTORS INCLUDING:

The past relationship between the child and the party requesting visitation; the motives of the party requesting visitation and the motives of the parent who has denied visitation; the impact the visitation may have on the child’s activities; and the benefits of maintaining an extended family relationship.

THE COURT MUST ALSO FIND THAT AT LEAST ONE OF THE FOLLOWING IS TRUE:

The parents have been divorced for at least three months (this applies to grandparents and great-grandparents); a proceeding for divorce or for legal separation of the legal parents is pending at the time the petition is filed (this applies to those seeking in loco parentis visitation – in loco parentis means those who stand in place of a parent); one of the legal parents of the child is deceased or missing for at least three months; 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.

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