Third Party Visitation & Custody Attorney in Mesa

Courts often assume that children should remain in the care of their legal parents, but this is not always the case. In some situations, a third party such as a grandparent, sibling, or stepparent may want to secure visitation or custody. A court will grant third party custody or visitation rights in Mesa to these parties in limited circumstances.

If you are seeking third party custody or visitation rights, you need an attorney on your side. In these situations, the Law Office of Karen A. Schoenau can help. Our Mesa third party custody and visitation lawyer can guide you through the litigation process and advocate aggressively for an optimal resolution.

Why Choose Us

• Our attorney specializes in complex family law matters and has been guiding Arizona families through the legal process since 1987. From parenting time to custody arrangements, you can count on our family law firm to be your fiercest advocate.
• At our law firm, we prioritize the needs of children when crafting case strategies and advocate aggressively for the best interests of your stepchild, sibling, or grandchildren throughout your case.
• Our attorney has received multiple awards and distinctions recognizing her dedication to our clients, including the Maricopa County Bar Association Bar Lawyer of the Month.

Custody and Visitation Rights for Third Parties in Mesa

You can secure third party custody and visitation if an Arizona court believes that it would be in the best interests of the child. According to Arizona Revised Statutes Section 25-409, you will need to meet a series of important requirements in order to obtain these rights.

To secure visitation time with a stepchild, sibling, or grandchild, you will need to show that the child’s parents have been divorced for at least three months, the child was born out of wedlock, or that one of the legal parents is deceased or has been missing for at least three months.

If you want to secure custody, you will need to prove the following facts.

• You stood in loco parentis to the child, meaning that you acted as a parent and developed a meaningful parental relationship with the child for a substantial period of time.
• It would be significantly detrimental to the child to be in the custody of his or her legal parents.
• No custody order has been entered for the child within one year. This does not apply if the child is in imminent danger.
• The parents are not married, a divorce is pending, or one of the parents is deceased.

Do Grandparents Automatically Have Visitation Rights in Arizona?

As a grandparent, you do not automatically receive visitation rights. You may obtain them, even against the wishes of a child’s parents. To do so, our family law lawyer works diligently to show that:

• You have a compelling reason to seek a relationship with the child
• There is a historical relationship between you and the child
• The parent(s) of the child do not have a valid reason to prevent you from seeking visitation
• The quantity of time requested will not have a substantial, negative impact on the child’s everyday activities
• In the case that one or both parents are deceased, there is a substantial reason to maintain an extended family relationship

Why You Need a Mesa Third Party Custody and Visitation Lawyer

If you are seeking custody or visitation over a child and you are not the child’s legal parent, you need an attorney on your side. Courts often assume that it is in the child’s best interest to remain in the care of his or her legal parents, and you will need to prove that you are eligible to request third party custody or visitation rights in Mesa. In these situations, our family law attorneys can help you gather evidence and craft a compelling case in your favor, protecting the child’s best interests in the process.

Additionally, our custody attorney from the Law Office of Karen A. Schoenau will have experience navigating similar claims and can provide you with guidance and advice during each stage of your case. Our legal team can also help preserve objectivity during highly emotional legal proceedings, reducing the stress and burden that often accompany these cases.

What Does the Court Consider When Determining Third Party Visitation or Custody?

Arizona law only allows third-party visitation with a child in specific circumstances. A successful petition for third-party visitation or custody in Mesa must show that the child views the adult as a parental figure. Additionally, our family law attorney may need to demonstrate that leaving the child entirely under the care of their parent(s) would be significantly detrimental to their well-being. In this situation, as in most other custody and visitation cases, the best interests of the child are prioritized.

If you’re seeking to gain third-party legal decision-making rights, a court must find that:

• You are currenting acting as a parental figure
• The child’s health and well-being are in jeopardy when living with their parents
• A parenting-time order or legal-decision making order has not been created within the past year, barring significant threat to the child’s well-being
• One of the following is true:
  • A divorce between the child’s parents is pending, the parents were never married, or one of the parents is deceased

Schedule a Consultation Today

Are you seeking third party custody or visitation rights in Mesa? The Law Office of Karen A. Schoenau can represent you in these complex proceedings. Message us or call 480-467-3435 to schedule a consultation with a Mesa third party custody and visitation lawyer.