Raising a child sometime requires the love and care of people beyond the biological parents for a host of different reasons. Sometimes, a non-parent becomes a central figure in a child’s life, providing daily physical care, transportation, emotional support, and often financial support and stability. But what happens when the legal rights of that non-parent need to be ordered by the Court to continue in the care they had provided? In Arizona, third-party rights allow non-parents to seek legal decision-making (custody) or visitation under certain circumstances.
Whether you’re a grandparent, stepparent, aunt or uncle, older adult sibling, close family friend, or another caregiver who has stepped in to provide care of a child, it’s essential to understand how third-party rights work in Arizona. In this blog, we’ll explore the legal framework and real-life scenarios where non-parents might need to assert their rights to continue being a part of a child’s life.
What Are Third-Party Rights?
Third-party rights refer to the legal ability of a non-parent to petition the court for custody or visitation of a child. In Arizona, these rights are governed by A.R.S. § 25-409. To be granted third-party rights, the petitioner must meet specific conditions and demonstrate that maintaining a relationship with the child is in the child’s best interest.
The court generally gives priority to biological parents’ rights, but there are situations where third-party rights should be granted. These include:
- When the child’s parents are divorced or legally separated.
- When one of the child’s parents has died.
- When the child was born out of wedlock, and the parents are not married.
- When continued care by the parents would be harmful to the child.
The court will carefully evaluate whether the non-parent has a meaningful and established relationship with the child and whether granting them rights serves the child’s best interest.
Scenarios Where You Might Seek Third-Party Rights
There are many reasons someone might need to pursue third-party rights. Here are a few common scenarios:
1. Long-Term Caregiver Who Is Not a Relative
Imagine you are a close family friend who has taken on the role of primary caregiver for a child whose parents are struggling with addiction. You have provided daily care, enrolled the child in school, or taken the child to the doctor, and other activities, and ensured their emotional and physical well-being. Suddenly, a parent resurfaces and demands custody, despite being absent for years. In this case, you may seek third-party rights, arguing that removing the child from your care would be detrimental to their well-being.
2. A Stepparent Who Acts as a Primary Parent
You married your spouse when their child was very young, and you’ve been actively involved in raising the child ever since. You have essentially formed a parental bond with the child and provided parental responsibilities. If your spouse passes away or loses custody, you might worry about being cut out of the child’s life. Under Arizona law, you could petition for third-party rights, especially if you can demonstrate that maintaining your relationship serves the child’s best interests.
3. In Loco Parentis – Acting in the Role of a Parent
One of the most common grounds for third-party rights is when someone has acted in loco parentis—a Latin term meaning “in the place of a parent.” (“Standing in the shoes of the parent.”) This applies when a non-parent has formed a strong parental bond with a child, fulfilling caregiving, and providing emotional, and financial responsibilities similar to that of a biological parent.
For example, if you’ve been raising your partner’s child for several years, and the biological parent is uninvolved or unknown, you might pursue adoption or custody if your partner can no longer care for the child. Courts recognize the importance of preserving a parent-like relationship when it has been established through consistent involvement and care.
4. Grandparents Seeking Visitation
A common scenario involves grandparents who previously had a strong relationship with their grandchildren but were cut off after a parental separation or death. While grandparents do not have automatic visitation rights in Arizona, they may petition the court if they can demonstrate that visitation is in the child’s best interest and that they had a significant, meaningful relationship before the disruption.
Legal Hurdles and the Role of the Court
It’s important to understand that third-party rights are not granted lightly. The court’s primary focus is the best interest of the child, and parental rights are given substantial weight. If both parents oppose a third party’s involvement, the burden of proof becomes even more challenging.
For example, when seeking third-party adoption, the non-parent may need to follow due process to terminate the biological parents’ rights, particularly if one parent is absent or unknown. In some cases, this may involve notifying “John Does” through a public notice, such as a publication in the Maricopa County Business Gazette, to ensure all potential biological fathers are informed.
Additionally, the court will appoint a best-interest attorney to represent the child in every termination-adoption case. This attorney’s role is to ensure that the proposed custody or visitation arrangement truly serves the child’s well-being.
Why You Need Legal Guidance
Navigating the complexities of third-party rights can be overwhelming, especially when involving such fundamental rights as parental rights. Each case is unique, and courts examine factors such as the length and quality of the relationship, the child’s needs, and the potential harm of disrupting that relationship.
Having an experienced family law attorney on your side can make a significant difference. They will guide you through filing the petition, gathering evidence, and presenting a compelling case to the court. Whether you’re pursuing visitation, custody, or adoption, the right legal support ensures that you make the strongest possible argument to protect your relationship with the child.
Take the Next Step to Protect Your Relationship with the Child
Third-party rights in Arizona can provide non-parents the opportunity to maintain a vital relationship with a child, but the process is far from straightforward. Whether you’re a stepparent, grandparent, or long-term caregiver, understanding your legal standing and preparing your case thoroughly is essential.
If you believe you have a valid reason to seek third-party rights, it’s crucial to get professional advice from a lawyer who understands the intricacies of Arizona family law. At McMurdie Law & Mediation, we have extensive experience in handling cases involving third-party custody, visitation, and adoption and we greatly enjoy obtaining rights to the person providing the care of the child. Contact us today to discuss your situation and learn how we can help you protect your bond with the child you care about.