Visitation Rights and In Loco Parentis Standing in AZ | Hildebrand Law, PC

Sat 3rd Dec, 2016 Arizona Child Custody Laws

When a child is born out of wedlock, a man who acknowledges paternity is presumed to be the child’s father. He is entitled to custody and visitation rights and is obligated to contribute to the support of his child. But when it is proved that he is not the biological father of the child, what rights and responsibilities exist?

The Arizona Court of Appeals considered these issues in Hughes v. Creighton, 798 P.2d 403 (1990).

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Facts and Background

While Mrs. Creighton and Mr. Hughes dated, Mrs. Creighton became pregnant and named Mr. Hughes as the child’s father. He signed the birth certificate and acted as the boy’s father for 16 months. Mr. Hughes had a close relationship with and provided financial support for the child. The couple, however, did not marry.

After 16 months, the couple split up. Mrs. Creighton moved away with the boy and didn’t allow Mr. Hughes to see the child. She declared that Mr. Hughes was not the child’s father. Mr. Hughes filed a paternity action seeking visitation.

The court ordered blood tests, and they showed that Mr. Hughes was not the child’s natural father. The judge determined that Mr. Hughes, however, stood in locos parentis (i.e., in the role of a parent) to the child and found that child visitation between Mr. Hughes and the child was in the child’s best interests.

The trial court also ruled it had no authority to order Mr. Hughes to pay child support. Mrs. Creighton and Mr. Hughes both appealed from the rulings.

Jurisdiction to Award Visitation Rights to a Person Standing In Loco Parentis to a Child in Arizona

Mrs. Creighton claims that once the court found Mr. Hughes was not the boy’s biological father, it had no authority to order visitation. Mr. Hughes claims that since he stood in locos parentis, the court could grant visitation.

Mr. Hughes filed his action as a special paternity action. This law permits a man claiming to be a child’s father to seek custody and visitation rights after paternity is determined. However, he cannot seek custody or visitation under this statute if the paternity test is negative.

Another statute allows the “parent not granted custody” to seek reasonable visitation rights. However, “parent” here means biological or adoptive parents. Mr. Hughes is not the child’s biological or adoptive parent.

In Arizona, a court can order visitation for noncustodial parents, grandparents, great-grandparents, and stepparents. Mr. Hughes did not fit any of those categories, even though he stood in locos parentis to the child.

He did not establish the child’s mother was an unfit parent to seek in loco parentis custody of the child. Absent a showing the child’s mother was unfit, Therefore, the lower court erred in awarding him visitation.

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Jurisdiction to Award Child Support

Mr. Hughes argued that the court had the authority to order him to pay support. He bases this on the fact that he was found to be in loco parentis to the child.

However, Arizona law only allows a court to order biological or adoptive parents to pay child support. Only natural and adoptive parents are legally obligated to financially support their children. Since Mr. Hughes has no legal obligation to support the child, the court cannot order him to do so.

Disposition

The Court of Appeals reversed the trial court order granting Mr. Hughes’s visitation. It affirmed the trial court’s ruling that it had no authority to order him to pay child support.

Frequently Asked Questions About Visitation Rights to a Person Standing In Loco Parentis to a Child in Arizona

What does in loco parentis mean in Arizona child custody law?

In loco parentis means “in the place of a parent.” A person standing in loco parentis is someone who has acted as a parent to a child and developed a parent-like relationship, even though they are not the child’s biological or legal parent. In Arizona, a person who has stood in loco parentis may have certain legal options regarding custody or visitation depending on the circumstances.

Can a person standing in loco parentis get visitation rights in Arizona?

A person standing in loco parentis may seek visitation rights in Arizona, but standing in loco parentis alone does not automatically grant visitation. Arizona courts examine whether the person qualifies under applicable Arizona law and whether the requested visitation is appropriate under the circumstances.

Does standing in loco parentis automatically give someone parental rights in Arizona?

No. A person who stands in loco parentis does not automatically become a legal parent. While that person may have acted as a parent and formed a meaningful relationship with the child, Arizona law distinguishes between a person acting as a parent and someone who has legally established parental rights.

Can a stepparent or former partner obtain visitation rights in Arizona if they acted as a parent?

A stepparent, former partner, or other non-parent who has acted in a parental role may have legal options to request visitation. Whether those rights are available depends on the specific facts of the relationship and whether the person meets Arizona’s legal requirements.

What Arizona case addresses visitation rights for someone standing in loco parentis?

In Hughes v. Creighton, the Arizona Court of Appeals considered whether a person who acted as a father figure to a child could obtain visitation rights. The court found that acting in loco parentis did not automatically provide visitation rights when the person did not fall within the categories authorized under Arizona’s visitation statutes.

What is the difference between an in loco parentis person and a legal parent in Arizona?

An in loco parentis person is someone who has acted in a parental role but is not necessarily recognized as a legal parent. A legal parent has legally established parental rights, while a person standing in loco parentis may need to seek court recognition before obtaining certain rights.

Should someone consult an Arizona family law attorney about in loco parentis visitation rights?

Because visitation rights for non-parents involve complicated issues involving parental rights, standing, and Arizona custody laws, consulting an experienced Arizona family law attorney can help determine whether a person may have a basis to seek visitation or custody-related relief.

Arizona In Loco Parentis Child Custody and Visitation Attorneys

If you have questions about visitation rights and in loco parentis standing 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 decades 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.

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