Arizona Custody Actions Involving Grandparents and Other Relatives
In many families, children are part of a non-traditional family unit. In order to fully ensure the needs of the children are met, children may be raised by grandparents, aunts, uncles or other family members. However, unless appropriate legal measures are taken, the non-parent may not be capable of making important medical decisions, signing school-related documents or handling other important matters typically addressed by the children's parents. Non-parent custody actions can resolve these issues — providing authority to the non-parent and rights to the children.
At Clark Family Law, P.C., we recognize that families dealing with unique circumstances, such as alcoholism, severe mental illness or an absent parent, may operate differently than traditional families in order to fully meet the needs of the children. Phoenix non-parent custody lawyer Richard W. Clark provides skilled legal guidance to parents and non-parent family members in these delicate child custody and visitation cases.
Arizona Non-Parent Child Custody Laws
It can be extremely difficult for non-parent relatives to obtain custody of children when one of the biological parents is involved in their lives. However, Arizona law dictates a process by which family members can petition for custody in unique situations where it would serve the best interests of the children. While the court considers a number of factors when determining whether to approve a non-parent child custody petition, the primary issues that a family member must prove include:
- The family member is "in loco parentis." In loco parentis means that the individual stands in place of the parent in terms of caring for and supporting the children. A family member cannot stand in loco parentis if one of the biological parents is an involved parent. Both the non-parent custodian and the children must acknowledge and accept that the family member has taken on the role as the parent.
- It is in the children's best interests. The family member must demonstrate that the non-parent custody petition is in the children's best interests and that remaining or being placed with the biological parent/parents would be to the children's detriment. For example, does a drug or alcohol dependency problem, debilitating medical condition, untreated mental illness, or other issue interfere with a parent's ability to effectively parent? Is there concern of child abuse or neglect by the biological parent?
Other important requirements include that there has not been a custody action for at least one year and that, in some manner, the family unit is incomplete — whether one of the parents is deceased, the parents are unmarried or the parents are going through divorce. A non-parent relative can offer a sense of belonging and help instill the values of a deceased parent in these delicate situations.
Maricopa County Visitation Rights Lawyer With 40 Years of Experience
Even in cases where non-parent custody is not warranted, it may be possible for grandparents or other relatives to seek child access/visitation rights to share and instill core family values. This is particularly true if the grandparent has played a significant role in the child's life. If you are a grandparent and are being denied access to your grandchild, you may be entitled to grandparent visitation rights.
Handling complex family law cases for 40 years, attorney Richard W. Clark can help you understand what factors are considered by the court and help you determine how those factors may be applied in your situation. With informed advice, you can make important decisions about moving forward with your case.
Free Initial Consultations
Please call our Phoenix family law firm today toll free at 888-312-3859 or 602-639-4545 to discuss your questions about non-parent custody with an experienced child custody attorney. For your convenience, we also accept e-mail inquiries.
