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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
in loco parentis; third parties
Purpose
Adds to the criteria used to determine if a person other than a legal parent may have legal decision-making authority of a child or visitation with a child.
Background
Current statute allows a person other than a legal parent to petition the superior court for legal decision-making authority of a child. The court must summarily deny the petition unless it finds that the petitioner's initial pleading establishes that all of the following are true: 1) the person filing the petition stands in loco parentis to the child; 2) it would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making; 3) a court of competent jurisdiction has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition, unless there is a reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health; and 4) either one of the legal parents is deceased, the child's legal parents are not married to each other at the time the petition is filed or a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.
A person other than a legal parent may also petition the superior court for visitation with a child. The court may grant visitation rights during the child's minority on a finding that the visitation is in the child's best interest and that any of the following are true: 1) one of the legal parents is deceased or has been missing at least three months; 2) the child was born out of wedlock and the child's legal parents are not married to each other at the time the petition is filed; 3) the marriage of the parents of the child has been dissolved for at least three months for grandparent or great-grandparent visitation; and 4) a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed for in loco parentis visitation (A.R.S. § 25-409).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to the criteria used by a court to determine whether a person other than a legal parent may have legal decision-making authority or placement of a child, whether:
a) the child has only one legal parent;
b) the parental rights of one of the child's legal parents have been terminated; or
c) the paternity of the child has not been established.
2. Adds, to the criteria used to determine if a person other than a legal parent may have in loco parentis visitation with a child, that either of the following must apply:
a) a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed; or
b) the marriage of the parents of the child has been dissolved for at least three months.
3. Adds, to the criteria used to determine if a person other than a legal parent may have visitation with a child, whether the parental rights of one of the child's legal parents have been terminated.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2024
ZD/SB/cs