Grandparents’ Rights and Non-Parental Custody

Every child deserves to be taken care of by someone who loves them and has their best interests in mind. There are situations or circumstances that arise when a parent is not fit to properly take care of their child or children. These conditions may include any of the following:

  • Physical Abuse
  • Sexual Abuse
  • Incarceration
  • Neglect/Abandonment
  • Substance Addiction
  • Death

In the event that a child’s parent is unable to provide the best possible situation for a child, other’s who are closely involved may petition for Non-Parental Custody. This could include the child’s grandparents, stepparents, aunts or uncles, or close family friends.

According to Arizona law, a non-parent request for custody can be filed if the person can establish “In Loco Parentis,” which is to say that they stand in the place of the parents. This is a situation where the child already treats the person requesting custody as a parent and a strong, meaningful relationship over a substantial period of time can be shown. A non-parent can request custody by showing that the child’s relationship with their parent would be significantly harmful and not in the best interests of the child.

Family attorney Brad Crider can help establish “In Loco Parentis” in the eyes of the court and also work with the non-parent in filing petitions and other important paperwork. Because family relationships are a very emotional issue, Brad is able to show the sensitivity and concern needed to help you see a positive outcome. His experience working with families throughout the east valley of Phoenix, Arizona has helped him to develop the right skills needed for such cases.