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.
If you have questions about third party visitation with a child in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child custody or family law case around today.
More Articles About Child Custody in Arizona
- Access to a Child’s Medical Records in Arizona
- Adoption Attorneys in Arizona
- Required Affidavit in a Child Custody Case in Arizona
- Are Mothers Favored Custody Battles in Arizona
- Arizona Child Custody Attorneys
- Arizona Child Custody Statutes
- Arizona Uniform Child Custody Jurisdiction and Enforcement Act Statutes
- Changing a Child’s Last Name in Arizona
- Changing Child Custody in Arizona
- Child Custody and Child Support in Arizona
- Child Custody In Arizona
- Child Custody Laws in Arizona
- Child Custody Rights in Arizona
- Co-Parenting After Divorce in Arizona
- Custody of a Child to Grandparent in Arizona
- Delegation of Custody Decisions in Arizona
- Divorce and Grandparents Visitation in Arizona
- Effective Co-Parenting in Arizona
- Emergency Child Custody in Arizona
- Emergency Child Custody Orders in Arizona
- Enforce Parenting Time or Custody in Arizona
- Enforce Visitation Non-Custodial Parent in Arizona
- Grandparent’s Rights in Arizona
- How is Child Custody Determined in Arizona
- How to Change a Child’s Last Name in Arizona
- How to Enforce Parenting Time in Arizona
- How to Get Sole Custody in Arizona
- How to Modify Child Custody in Arizona
- How to Modify Visitation in Arizona
- Joint Custody and School Decisions in Arizona
- Joint Custody vs Sole Custody Arizona
- Joint Legal Custody or Joint Decision Making in Arizona
- Modifying Visitation With a Child in Arizona
- Moving Children Many Times in Arizona
- Order of Protection and Child Custody in Arizona
- Parent Information Program Class in Arizona
- Parent Move Out of State With A Child From Arizona
- Parental Alienation in Arizona
- Prepare for Child Custody Evaluation in Arizona
- Presumption of Equal Parenting Time in Arizona
- Restrictions in Arizona on Taking Children to Another Country
- Sole Legal Custody or Sole Decision Making in Arizona
- Sole or Joint Custody in Arizona
- Temporary Child Custody in Arizona
- Uniform Child Custody Jurisdiction and Enforcement Act in Arizona
- What Are the Child Custody Factors in Arizona
- What Determines Child Custody in Arizona
- What is a Child Custody Evaluation in Arizona
- What is a Parenting Coordinator in an Arizona Child Custody Case
- What Is Domestic Violence in Arizona
- What Types of Child Custody Are There in Arizona
- What Visitation or Parenting Time Schedules do Judges Order in Arizona
- Who Has Custody of Children When a Divorce is Filed in Arizona
- Who Is the Best Child Custody Lawyer in Arizona
- Withholding Child From Custodial Parent in Arizona
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.