Can I ask that my grandchild reside with me 50% of the time?

No. In Egan v. Fridlund-Horne, 221 Ariz. 229, 241 ¶ 45 (Ariz. Ct. App. 2009), a trial court awarded the non-parent equal visitation rights, meaning the child was with the mother half the time and the non-parent half the time. The Court of Appeals struck this down, finding, “as a matter of law” (i.e., the law requires this result), that the equal visitation order was reasonable because the award was custodial in nature, and a non-parent cannot use the visitation statute to gain custodial rights.

Such an award also would far exceed what is permitted in a visitation order by In re Borja’s minimal intrusion standard.

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