Non-Parent Custody Issues

In Loco Parentis Lawyer

In Arizona, any non-parent — including grandparents, significant others, aunts, uncles or great grandparents — are able to file for custody if they have been standing in loco parentis to a child. in loco parentis means non parent custody or a person who has been treated as a parent by the child and who has formed a meaningful parental relationship with the child for a substantial period of time.

In addition to acting in loco parentis, the person must show the court:

  • It would be significantly detrimental to the child to remain or be placed in the custody of either of the child’s living legal parents who wish to retain or obtain custody.
  • There has not been a custody order within one year
  • And the child’s biological parents are not married, getting divorced, or if one of the biological parents is deceased.
  • That the party filing for custody as acted as a parental figure to the child

A grandparent, a great-grandparent or a person who stands in loco parentis to a child may also bring a proceeding for visitation rights with a child. in loco parentis law is complex and requires an experienced attorney who knows the statutory factors and is able to present them persuasively to the court. A person who stands in loco parentis may also bring a proceeding for visitation rights with a child.

Karen A. Schoenau is an experienced Scottsdale non-parent custody attorney who has been extremely successful in obtaining results for non-parents through the in loco parentis law as well as through guardianship, dependency or grandparents visitation proceedings. She has over two decades of experience in family law — with a focus on complex child custody law. She brings affordable, experienced and professional representation to all of her clients.

Talk to our Phoenix Non-Parent Custody Attorney Today

Contact us by calling 480-209-1918 or toll free at 888-453-1437. You may also contact us online. Attorney Karen Schoenau and her staff want to guide you this process as quickly and as painlessly as possible. Call us today.

Client Reviews
Karen is highly respected in the legal community. She is effective and thorough. Karen just keeps going regardless of the odds.
Karen was extremely helpful setting up my petition for conciliation. She is by far the most knowledgeable attorney regarding the necessary paperwork, how to file the petition and where it has to be submitted. She listened intently when I was describing my situation and intentions. She was very responsive to my questions and request. She is trustworthy and diligent . I would recommend her to anyone having marital issues. Mark
Very high customer/client considerate. We found Karen when we were forced to leave another Phoenix lawyer due to his bad advice and lack of interest to help us. We were in Phoenix for six days from Michigan with nothing happening but a high wasted expense. Karen and her firm took us in and solved our issue with the courts etc. in two and a half days. Karen’s professionalism with us was very cost effective/productive. If we would have found her first, we would have saved thousands of dollars. Her interest for us was very high. She returned every call. She knew every answer to our questions. She did this for us with a death in her family. She left for a funeral and made sure we were treated with the same professionalism from her firm to finish up. I recommend Karen and her firm with very high satisfaction. Our case is custody with one parent in prison. We will return to Phoenix someday with interests for the child and his parent, if needed. Karen will be our top choice. Nolan
Karen and Bonita are wonderful!! I know that the word "wonderful" is used a lot, but the team they make and the work they did for me can only be described as WONDERFUL!! Yes there where ups and downs in my case, but that is the system and Karen along with Bonita guided and taught me as "WE" went through it together. Karen’s easy going manner and her knowledge really helped me with the emotional part of my divorce. I used the team of Karen and Bonita both times I needed to go to court with my ex and had results that were best for my little girl. Some times I did not get what I wanted, but it was what my daughter needed. Looking back at my case, I made the right choice and would do it again in a heart beat!! Jim
Karen was extremely supportive during a very trying time in our lives. She helped me to put things in perspective and think positive when I was overwhelmed. She is very knowledgeable about the laws pertaining to grandparents rights and the rights of the parents and knew how to provide the appropriate laws pertaining to the situation we were in. I am so grateful for her expertise and guidance. She proved to be very aggressive when she needed to be but was also supportive to my and my children. I would recommend her to anyone in a similar situation. Deanna