Sheldon & Stoutner Family Law

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Third Party Rights, Grandparents’ Rights & Step-Parent’s Rights


Third Party Rights: If you are
Seeking Visitation and Custody Rights as a Grandparent or Step-Parent, the Phoenix Attorneys at Sheldon & Stoutner are here to help.  

Children often form close bonds with adults other than their biological, legal, or adoptive parents. These adults include grandparents, step-parents, adult siblings, uncles, aunts, relatives, and others.  Arizona law A.R.S. §25-409 addresses visitation and decision-making options for these third parties who can play such a significant role in a child’s life.

Obtaining Custody as a Third Party

The Latin term “in loco parentis” means “in the place of a parent.” Individuals that stand “in loco parentis” have formed a meaningful relationship with a child and wish to continue that relationship.  However, the Constitution and the US Supreme Court protect parental rights first and foremost.  This results in a difficult case for a third party wishing to obtain decision-making rights and visitation rights (like those awarded to parents). The burden of proof in these cases lies with the requesting third party to meet certain threshold requirements.  To meet his or her burden, a third party’s petition must discuss his/her history and role with the child, as well as the detriment to the child if he/she stays in the care of the biological parent.

Visitation for Non-Parents

At times, third parties need the Court’s assistance to ensure they may regularly see the children they care about – this is called visitation.  Visitation refers to physical time spent with a child.  To reach a decision on visitation, the court considers the opinion of the legal parent(s), as well as:

  • The relationship history between the child and the third party
  • The third party’s motivation or reason for requesting visitation
  • The motivation behind any objections to visitation
  • How much visitation time is requested, and the impact on the child’s schedule
  • Any benefits to maintaining an extended-family relationship when one or both legal parents have died

The attorneys at Sheldon & Stoutner have more than three decades of experience representing step-parents, grandparents, aunts, and uncles as they seek visitation and even custody over the children they love.  We are here to help every step of the way, and will fight for you.

Contact Sheldon & Stoutner for highly qualified representation in third party visitation cases in the East Valley, Glendale, and the greater Phoenix area.

Reach our Scottsdale offices at (480) 531-1740 now.

CONTACT US NOW

Sheldon & Stoutner

We are competent Arizona family law attorneys ready to represent you. Please call our offices at (480) 531-1740.

[email protected]

TRENDING DIVORCE TOPICS

  • Parenting Coordinator Services
  • Mediation
  • Martial Agreements
  • Relocation
  • Business, Property, Debt, & Retirement Division

Dedicated & Professional

The attorneys at Sheldon & Stoutner are well-respected in the legal community and truly passionate about family law. Let Sheldon & Stoutner help you find the peace of mind you deserve in your family law case.

Reach Us Anytime.

SHELDON & STOUTNER
11111 N. Scottsdale Rd. Suite 245
Scottsdale, AZ 85254 (Map)
(480) 531-1740

[email protected]

 

Professional & Invaluable

“Nicole was invaluable in helping me through the long and difficult process of modifying parenting time and navigating co-parenting struggles. Her dedication and professionalism is unmatched. She made herself completely accessible, was unwavering in her support and honest every step of the way. But what sets her apart from her peers is that she is as good of a person and she is an attorney!”

—Justin

EXPERIENCED & PERSONAL

“Launi was referred to me by a friend and I couldn’t be happier with the work she is doing on my case. Her personal and professional experience with family law makes her an asset. I am so grateful she is on my team.”

—Dawn

HONEST & LEVEL HEADED

“Nicole D. Siqueiros-Stoutner did a great job dealing with my ex on a post-decree legal decision-making matter. My ex would put forth untrue position with the help of her lawyer. Nicole focused on the issue at hand and dispelled the false statements my made to the court. She helped me retain joint legal decision-making and my ex was sanctioned and ordered to pay attorney’s fees. In my opinion Nicole is a level headed honest lawyer and I have recommended her to a friend(s) as well.”

—Brian

THANKS NICOLE!

“I can’t say enough good things about Nicole Stoutner and her law firm. Everyone was friendly! She is an knowledgeable, down to earth, keeping it real kind of attorney! She fights for her clients and knows the law! I felt as though I got a more than fair settlement and she was worth EVERY dollar! I have referred 2 other people to her. They both feel the same way about her I do! If you need a family attorney she’s your gal! I promise you won’t be disappointed!”

—M

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