In Arizona, under certain circumstances, grandparents, great-grandparents and at times nonparents have rights to the child. If a nonparent stands in loco parentis, they may petition the court for legal decision making authority. In circumstances where a parent is deceased or missing, legal parents are not married to each other or if there is a pending proceeding for dissolution of marriage or legal separation, grandparents may file for grandparents rights. In some circumstances, grandparents may also file for in loco parentis legal decision making authority of the minor children. The rights of third parties in these circumstances are carefully set out in the Arizona Statutes.
If you would like more information about if you meet the statutory requirements to file for in loco parentis or grandparent rights, please feel free to contact one of our four family law attorneys at (480) 461-5300 or you may call their direct line located on their attorney profile.
Related Links: Legal decision making authority by nonparents; presumption; grounds; definitions. A.R.S. § 25-409 (B)(2) & A.R.S. §25-409