Arizona family courts make all decisions in a child’s best interests, with child custody as inarguably the most important of all court orders. Most child custody cases in Arizona courts involve divorcing or non-married parents seeking custody orders, but not every petition for child custody or visitation rights comes from a child’s parents. When non-parents seek physical custody, decision-making custody, or visitation rights in court, it’s known as a third-party custody case. What custody rights do non-parents have in Arizona, and how do courts make these decisions when a non-parent seeks custody, shared custody, or visitation rights?
What Non-Parents Sometimes Seek Custody In Arizona?
Courts prioritize the rights of biological and adoptive parents in custody decisions, but because they prioritize the best interests of children, they also consider other relationships that are important to a child’s well-being. Some third parties who seek child custody or visitation in Arizona include:
- Grandparents
- Stepparents
- Aunts and Uncles
- Adult siblings
- Other relatives
- Foster parents
Less commonly, other non-related adults who have acted “in loco parentis” or who have filled the role of parent to a child seek custody or visitation rights despite not having a biological relationship to the child. This could be a family friend, neighbor, nanny, babysitter, teacher, or any other adult who has developed a parental relationship with a non-related child.
Arizona courts allow non-parents to petition for child custody and visitation under Arizona §25-409. Under this statute, the courts state that they are more likely to consider requests for non-parental custody under the following circumstances:
“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 of the legal parents is pending at the time the petition is filed.”
What Does a Grandparent or Other Relative Have to Prove to Obtain Physical and Legal Custody?
When seeking full physical and legal (decision-making) custody of a child, a grandparent or relative must prove that it’s in the child’s best interest. Typically, this requires demonstrating to the court that the child has a strong emotional bond with them and that they’ve acted as a caregiver to the child. In addition, they must show the court evidence that the child’s current living situation with one or both biological parents is not in the child’s best interest. A judge might consider this in cases of physical or emotional abuse, neglect, unsafe home environment, chronic addiction, or criminality. The third-party adult must prove to the court that it would be detrimental to the child to continue living in their present circumstances.
Grandparents are the most common third parties who seek custody in Arizona courts. A judge carefully considers the evidence of abuse or other unsafe conditions in a child’s current living situation and legal status as well as the strength of the child/grandparent bond and the grandparent’s history of caregiving and daily interactions with the child. The judge also considers the grandparent’s willingness to help facilitate an ongoing relationship between the child and their biological parents if the parent improves their situation.
A court also considers the above when making child custody decisions for other non-parents, such as adult siblings, aunts and uncles, and other relatives.
Can a Non-Parent Gain Visitation Rights?
When a grandparent or other non-relative seeks visitation rights to a child, they do not have to prove that the child’s current living situation is unsafe or not in their best interests; however, they must demonstrate to the court that they have a close bond with the child and that continued close contact is in the child’s best interest.
Grandparents, adult siblings, and other relatives sometimes seek visitation rights with a child if a parent stops allowing contact, such as when one parent obtains full custody after a divorce and halts contact between their children and their grandparents and other relatives on their ex-spouse’s side.
When a non-parent relative seeks visitation rights with a child, a judge carefully considers the circumstances, the reasons for the request, and the nature and history of the relationship between the child and the grandparent or other relative before making a decision.
Can a Stepparent Seek Child Custody or Visitation in Arizona?
All Arizona courts approach child custody cases with the presumption that it’s in a child’s best interest to remain with one or both biological or adoptive parents with a shared parenting time plan after a divorce, but in some cases, a stepparent may play an important parental role in a child’s life despite not have biological or adoptive ties to the child. In these cases, the court first considers the stepparent’s motive in seeking custody or visitation. If they grant a hearing, the judge then considers the testimony and evidence on both sides.
An Arizona court may grant child custody to a stepparent if the stepparent proves that it’s not in the child’s best interest to remain in their current living situation, that they have a close parental relationship with the child, and that they can provide a better home environment and stability for the child.
If a child’s living situation is safe and it’s in their best interest to remain in the custody of their biological parent, or in a shared custody schedule with both parents, a court may still award a stepparent visitation rights if a judge finds that it’s in a child’s best interest to have continued close contact with their stepparent.
How Can a Child Custody Attorney Help?
Obtaining child custody or visitation rights for a non-parent in Arizona courts can be challenging, requiring compelling evidence and testimony to demonstrate why it’s in the child’s best interest. A child custody attorney with experience in this area can help. At Stewart Law Group, we understand the vital importance of a continued close relationship with a child when a strong bond already exists.
Call Stewart Law Group today so your custody attorney in Chandler can help you present a compelling case in court to obtain the outcome that you seek and the best interests of the child.