Third-Party Visitation Rights
Third-party visitation rights refer to the rights of non-parent adults to pursue custody of children. While these third parties can include grandparents or stepparents, they can be any adult who shares a significant relationship with a child.
According to Arizona state law, third-party visitation rights will only come into play if or when:
- A child is born to unmarried parents.
- Granting third-party visitation rights is in the child’s best interests (because, for instance, it allows a child to preserve an important relationship).
- One parent has passed away or is absent for some other reason (like, for instance, due to incarceration).
- The parents have been divorced for at least three months.
Third-party visitation rights are provided for in Arizona Revised Statutes (A.R.S.) § 25-409. In order to bring the action regarding third-party visitation forward, a petition and supporting documentation must be submitted to the proper jurisdiction. Here’s what you should regarding third-party visitation rights:
- Of primary concern to the court will be the child’s best interests. So long as it can be established that third-party visitation rights are in the child’s best interest, it is likely they will be granted.
- When the court makes decisions regarding third-party visitation rights, among the factors it will consider can include the relationship between the requesting party and the child, what is motivating the request and how much time is being requested.
- When possible and appropriate, the court will issue orders for third-party visitation time to coincide with the parenting time of one biological parent.
- If you are being denied your third-party visitation rights, retaining an experienced custody lawyer like Scottsdale Custody Lawyer Karen Schoenau can help you assert your rights and gain access to a child who is important to you.
Do you need help asserting your third-party visitation rights? If so, you can trust Scottsdale Custody and Family Law Attorney Karen Schoenau for experienced help, honest answers and effective representation. Since 1987, Karen Schoenau has been committed to helping people resolve their sensitive family law matters, including complex cases related to custody and divorce.
Dedicated to providing the highest quality legal services at reasonable rates, Scottsdale Family Law Attorney Karen Schoenau will always:
- Work closely with each of her clients to help them understand their best options for resolving their family law issues
- Keep her clients informed about the progress of their case
- Help her clients get through the emotional and psychological impacts related to their family legal issues
- Aggressively advocate her clients’ best interests in any legal setting
- Work relentlessly to help her clients bring their cases to successful resolutions.
To receive professional advice and learn more about how we can help you, schedule an initial consultation with Attorney Karen Schoenau. You can set up this meeting by calling 480-209-1918 or by emailing us using the contact form.
From her offices based on Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Phoenix area and the state of Arizona, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, and Gila County.