Tucson Third-Party Rights Attorneys
Under Arizona’s custody laws, parenting time (physical custody) and legal decision-making authority (legal custody) are normally reserved for legal parents. Arizona defines a “legal parent” as either a biological or adoptive parent with parental responsibilities. All other parties who desire custodial rights must present their request to the court. Most often, grandparents are the ones who apply for third-party rights, but it may be anyone who is not a legal parent, so long as they meet certain conditions.
The legal process for establishing third-party rights can be complex and vary from case to case. Our attorneys at McNorton Fox PLLC have over 20 years of experience practicing family law in Arizona, so we have a strong understanding of the local rules and regulations that govern third-party rights. We can help you determine if you qualify for third-party custodial rights and can guide you through the legal process for obtaining them.
Call us at (520) 415-2970 to speak with our team about your situation or send us a message via our contact form.
Third Party Rights in Arizona
Any custodial rights that courts grant to non-legal parents are commonly referred to as “third-party rights.” These rights can include legally authorized visitation privileges, decision-making authority, and even parenting time and residential custody in certain situations. Qualifications for these privileges vary based on the specific right, the circumstances of the child, their parents, and the third party.
Visitation: Visitation refers to any court-sanctioned scheduled time that a third party spends with a child.
Legal Decision-Making Authority: Legal decision-making authority is similar to legal custody in other states. It refers to a person’s (normally the parent’s) responsibility to make certain decisions on behalf of the child.
Parenting Time: Parenting time is like physical custody in other states, except it refers to the scheduled time that someone is responsible for sheltering, clothing, feeding, and otherwise providing for the child. Both parents normally receive a share of parenting time.
One of the most important factors a judge will consider when deciding to grant third-party rights is whether a child recognizes the petitioner as having a parental relationship with them for a significant period (in loco parentis or “in place of a parent”). Once a parental relationship has been demonstrated to the court, it can be easier for a third party to achieve visitation rights, so long as visitation is believed to be in the child’s best interest. The court will also consider the parents’ opinions. Furthermore, visitation is not usually awarded if the child’s parents are married.
Legal decision-making authority and parenting time can be more difficult to acquire than visitation. To qualify for these custodial privileges, grandparents or other parties with a parental relationship with the child must demonstrate that it would be detrimental to the child’s wellbeing if either parent or both received such custodial rights. Courts also consider other factors, such as parental opinions and parental absence.
Let McNorton Fox PLLC work with you toward a resolution that’s best for the child. Call (520) 415-2970 or message us to arrange a consultation with our Tucson third-party rights lawyers.
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