Can I Obtain a Legal Right to Visit or Care for a Child, even if I am not a Biological Parent?
Yes, if certain conditions are met. Arizona recognizes third party child rights in certain circumstances. Although cases can be complicated and depend on what would serve the best interests of the child, a person may file for legal-decision making authority or physical placement of a child if: (1) s/he stands in loco parentis to the child; (2) it would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making; and (3) a court of competent jurisdiction has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition (unless there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health). Additionally, the person filing must establish that one of the following applies: one of the legal parents is deceased; the child’s legal parents are not married to each other at the time the petition is filed; or a proceeding for dissolution of marriage or for legal separation is pending at the time the petition is filed. Alternatively, a person other than a legal parent (such as a grandparent) may petition the court for the right to visit the child if is in the child’s best interests, and any of the following are true: one of the legal parents is deceased, or has been missing for at least 3 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; for grandparents, the marriage of the parents of the child has been dissolved for at least three months; or for in loco parentis visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed. Third party rights cases are legally quite complex. If you have questions about such issues, you should consult an attorney to discuss your situation.