{"id":6457,"date":"2020-09-29T14:29:11","date_gmt":"2020-09-29T21:29:11","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?p=6457"},"modified":"2024-01-17T17:43:45","modified_gmt":"2024-01-18T00:43:45","slug":"in-loco-parentis-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/in-loco-parentis-arizona\/","title":{"rendered":"What Does in Loco Parentis Mean in Arizona?"},"content":{"rendered":"
In loco parentis is a Latin term that translates to \u201cin the place of a parent.\u201d In legal terms, in loco parentis refers to a relationship in which an individual or organization takes on some of the responsibilities or functions of a parent. This usually occurs when a parent is absent, such as when a child is in school and an educator must assume responsibility for the child\u2019s wellbeing.<\/p>\n
The term in loco parentis is also a common term used in child custody and visitation matters. Step-parents, grandparents, relatives, and others may have the right to in loco parentis access if the biological parents are unable or unfit to parent. In some situations, a step-parent or relative who has provided parental care to a child may be able to establish regular visitation even if the parent is deemed fit.<\/p>\n
In Arizona, when an individual who is not the biological parent to a child seeks child custody or visitation, they may have the right to claim in loco parentis status. A court may find in favor of the non-parent if he or she can demonstrate that a bond or meaningful relationship has been developed with the child for a significant amount of time, or that a custody exchange or visitation rights would be in the best interest of the child. However, this requires a high burden of proof and may result in a denied request.<\/p>\n
It is not uncommon for children to be cared for by a non-parental guardian. If a non-parent provides full-time care for a child for a prolonged period of time, it may become prudent to establish custody or legal guardianship. For a non-parent to establish legal guardianship, the court must award the person with sole responsibility of any personal decisions regarding the life and wellbeing of the minor. Children under the age of 14 are generally appointed a guardian by the court, while children over age 14 may have some say in who they would like to be their guardian.<\/p>\n
Parental permission is not always required to establish custody. However, a lack of parental permission will result in a more complex case. For an exchange of child custody to take place, the court must determine that the child\u2019s wellbeing is at stake with either of their legal parents and that the non-parent is able to properly care for the child. In the majority of cases, the court will not consider granting non-parental custody unless one of the child\u2019s legal parents has died, been missing for more than three months, or if the parents are divorced, separated or have a divorce or annulment pending.<\/p>\n