In some circumstances, a non-parent may be the best person to have custody of the child. If the person has been caring for the child and the parent is unfit a custody Petition can be filed with the court. A.R.S. § 25-409. The Petition must be accompanied by an Affidavit that provides facts to support placement with the non-parent. Before filing a custody petition in family court the Petitioner should consider their goals, and the long term consequences.
Some questions to consider before filing are:
***IF the answer to any of these questions is yes, then filing dependency petition or a termination of parental rights action might be better choice.
The Basics for a Custody Petition by a Non-parent are:
What do I have show the Judge?
There is a high burden to overcome in order to convince the judge that placement with a non-parent is in the child’s best interest. Cases in this area are highly fact-specific and the outcomes depend on the specific details of each situation. In other words, we can’t easily tell you exactly under which circumstances a Judge would grant a non-parent custody petition or even if that petition is the best action to file. Contact our office for a case assessment meeting to review your facts and supporting documents to determine which legal option will work best so that you can protect and care for the child.
By filling out this form and clicking submit I hereby agree that I am not a client of Kile & Kupiszewski Law Firm for this submitted matter until I or involved parties sign a written agreement with the Firm. You understand that the information that you send via this link will be used to check for conflicts and may not be kept confidential.