Non-Parent Custody Issues
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 888-714-4369. 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.