Can a grandparent or third party seek visitation with a child whose parents were married at the time the child was born but are now divorced?
Only in limited circumstances. Once three months have passed since the divorce, the child’s grandparents have this option at any time. As for everyone else, a strict reading of A.R.S.A.R.S. is an abbreviation for Arizona Revised Statutes. It is most commonly used as a reference. For example, if one types in, ARS 25-403 into Google or Bing, they'll likely be returned with links to Arizona's statute on the best interests factors and articles, web sites, and…Read more about A.R.S. § 25-409(C) would suggest that persons other than grandparents have a limited one-time opportunity to file for visitation—and that is at the time the parents are getting divorced, and even, only if the person qualifies as In loco parentis“A person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time.” A.R.S. § 25-401(1). Another way of looking at it: The child views a non-parent like they would a parent, usually requires…Read more about In loco parentis, meaning they have a parent-like relationship with the child. This again would be a strict reading of the statute; it is possible courts may not read it as strictly.
