In Loco Parentis- Is it an Option for Me? Scottsdale Family Law

Do you act as a parental figure for a child, and believe it would be in the child’s best interests to live with you? This is a very serious matter, because Arizona courts strongly favor biologic parent rights. However, as a Scottsdale family law attorney team we know that there are times when it is necessary to place children with adults who caLoco Parentisn provide a better environment than the biologic parents can. Here are the factors to consider:

  • Are you a Grandparent? Read about Grandparent’s Rights.
  • Is the child in physical, emotional, psychological or moral danger by living with either biologic parent?
  • Is one of the biologic parents deceased?
  • Has a petition for divorce or dissolution of marriage been entered for the legal parents?
  • Are the child’s parents not married to each other?
  • Do you have compelling evidence that the child is not safe in his or her current environment?
  • Has either legal parent been missing for at least three months?
  • Has a new custody order been entered within the past year?
  • Have you been acting in the role of parent for the child?
  • Is there evidence that the legal parent’s decision making, in terms of the child, is detrimental to the child’s health and safety?
  • Do you have the resources to provide for needs of the child?

While the Arizona courts do value the rights of the biologic parents, they will always seek to do what is in the best interests of the child. While the initial assumption is that it is in the best interests of the child to stay with the biologic parents, this can be successfully challenged in some cases. If this sounds like your situation, call the Law Office of Hope E. Fruchtman for a consultation on your case. She is a Scottsdale Family Law Attorney and has the expertise you need to fight for your rights.