Third-Party Visitation: The Claims Process
When adults who are not the parents of children want to assert their third-party visitation rights, they will typically have to follow a specific procedure to:
- File third-party visitation claims with the court
- Have the court review their requests
- Ultimately be granted the visitation they are seeking.
Because, however, the third-party visitation claims process can be complicated and confusing – and because making mistakes in the process can impact these claims, it’s critical that people seeking third-party visitation work with an experienced attorney – like Scottsdale Custody Lawyer Karen Schoenau – for help:
- Navigating the complexities of the family court system
- Establishing their rights to visitation with a child
- Obtaining the best possible outcomes to their case.
To start the third-party visitation claims process in Arizona, an adult (i.e., the Petitioner) will have to file a legal action known as an in loco parentis. In filing these actions, it will be important that Petitioners:
- File the in loco parentis in the county in which the child is currently residing
- Include all necessary supporting documentation with their Petitions
- Detail the facts supporting the Petitioners’ requests for third-party visitation
- Comply with any and all court requests regarding the submission of additional documentation and/or evidence to support their requests.
The third-party visitation claims process will typically end in favorable rulings for Petitioners as long as all of the following can be established or proven to the family court:
- The Petitioners stand in loco parentis to the children. In particular, this means that Petitioners “stand in the shoes” of a biological parent.
- Placing or keeping the child in the custody of either living legal parent would be detrimental to the child.
- No custody orders regarding the child have been issued by the court in the previous year (unless the current environment in which the child is living is endangering his health and wellbeing).
- At least one of the following also applies:
- One parent has passed away or is no longer in the child’s life.
- The parents are not married when the in loco parentis is filed.
- A divorce is pending when the petition is filed.
Do you need help initiating a third-party visitation claim? 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 favorably resolve their sensitive family law matters, including complex cases related to custody and visitation issues.
Dedicated to providing the highest quality legal services at reasonable rates, Scottsdale Family Law Attorney Karen Schoenau will always work diligently and relentlessly to help her clients bring their cases to successful resolutions.Contact us Today
To receive professional advice regarding how to proceed with the third-party visitation claims process, schedule an initial consultation with Attorney Karen Schoenau today. 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.