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Third Party, Grandparents and Domestic Partner Rights in Arizona

Third Party Rights Attorneys in Scottsdale and Phoenix, AZ

(480) 219-2433

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
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Current Updates Regarding Coronavirus and Family Law in Arizona

Best Law Firm has seen new challenges while assisting families with divorce and child custody during the pandemic. Courts are open and law firms have been deemed essential services, so we are also open and exercising all safety precautions. If you have any questions or would like to schedule an attorney consultation by video or phone, please call us at 480-219-2433. We have provided updates and useful information about the rapidly evolving situation and how Coronavirus is directly impacting custody and divorce issues in Arizona. Please stay safe during this difficult time and know that we are here to help.

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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Schedule your consultation and meet with our team to create a customized game plan and move forward confidently.

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