Third Party Visitation with a Child in Arizona
Arizona laws allow third-party visitation with a child under very limited circumstances. Your petition for third-party visitation with a child in Arizona must very specifically include allegations establishing the child treats that person as a parental figure and that it would be significantly detrimental to leave the child in the care of the actual parent. If the petition is filed within one year a prior child custody order was entered, the pleadings must include specific allegations the child’s welfare is significantly endangered. The Connecticut Court of Appeals issued a ruling in the case of Fuller vs. Fuller. While this case cannot be cited to an Arizona court as authority, it is instructive on what can happen if you fail to include specific allegations in your original Petition for Third Party Rights in Arizona.
The American Bar Association had the following to say about the case of Fuller vs. Fuller:
Third party petition for child visitation must contain specific, good faith allegations that the petitioner has a relationship with the child that is similar in nature to a parent-child relationship, and specific, good faith allegations that the denial of the visitation will cause real and significant harm to the child. The degree of specificity of the
allegations in a third party petition for child visitation must be sufficient to justify requiring the fit parent to subject his or her parental judgment to unwanted litigation; only if specific, good faith allegations are made will a court have jurisdiction over the petition. Therefore, allegations in third-party petition for child visitation that petitioner had “very strong bond” with the child, that the child “suffered” and was “very emotional” when unable to see petitioner, and that petitioner played significant role in caring for child’s “severe health conditions” failed to allege jurisdictional element that denial of visitation would inflict real and substantial harm on the child; petition did not specify what harm the child would suffer if denied visitation, and did not rise to the level of neglect, abuse, or abandonment necessary to establish subject matter jurisdiction.
Please call us at (480)305-8300 to speak to one of our qualified child custody attorneys at Hildebrand Law, PC if you have a case involving a third-party seeking custody or parenting time. Our Attorneys have over 100 years combined family law experience.
Hildebrand Law, PC