Third party rights are when a non-parent is seeking legal decision-making authority or visitation with a child. To see if your situation is appropriate for the filing of a new third-party rights case – or to see if it is appropriate to intervene in an existing case, review ARS 25-409 by clicking here.
Are the parental rights suspended or terminated by 1) consent in notarized document, 2) court order, or 3) death?
(If yes, CLICK HERE for Guardianship)
If parental rights are not suspended or terminated, would it be harmful for the child to be in care of a legal parent?
(If yes, CLICK HERE for Non-Parent LDM)
Are you requesting visitation with a child AND 1) one parent is deceased, or 2) the child was born out of wedlock and parents are not married currently, or 3) parents are divorced and you are a grandparent, or 4) you stand in place of a parent and a divorce is filed.
(If yes, CLICK HERE for Visitation)
Establishing Non-Parent Legal Decision Making:
- Step 1 - Filing the Petition
Petition by Non-Parent to Establish Legal Decision Making (Table of Forms)
Petition by Non-Parent to Establish Legal Decision Making (Checklist)
Family Court Electronic Distribution Opt Out or Consent
- Step 2 - Service of Court Papers
How to Serve Court Papers on the Other Parties (Table of Forms)
Service of Court Papers (Checklist)
Instructions: How to Serve Notice as Required by Law
Acceptance of Service Family Court
Affidavit of Service with Signature Confirmation
Instructions: Serving Court Papers by Process Server
Instructions: Serving Court Papers by Sheriff
Affidavit Supporting Out of State Service by Process Server or Sheriff
Instructions: How to Serve the Court Papers by Publication
Declaration of Due Diligence and Request for Alternate Means of Service (Publication)
- Step 3 - Response to the Petition
Response to Petition for Non-Parent Legal Decision Making (Table of Forms)
- Step 4 - The Court Order
Order Regarding Petition to Establish Legal Decision Making by Non-Parent
Establishing Non-Parent Visitation:
- Step 1 - Filing the Petition
Petition and Papers for Order About Non-Parent Visitation (Table of Forms)
Petition and Papers for Order About Non-Parent Visitation (Checklist)
Instructions: How to Fill Out All Forms to Request Court Order for Non-Parent Visitation
Family Court Electronic Distribution Opt Out or Consent
Petition for Non-Parent Visitation
Procedures: What to Do after Completing All Forms to Get a Court Order for Non-Parent Visitation
- Step 2 - Service of Court Papers
How to Serve Court Papers on the Other Parties (Table of Forms)
Service of Court Papers (Checklist)
Instructions: How to Serve Notice as Required by Law
Acceptance of Service Family Court
Affidavit of Service with Signature Confirmation
Instructions: Serving Court Papers by Process Server
Instructions: Serving Court Papers by Sheriff
Affidavit Supporting Out of State Service by Process Server or Sheriff
Instructions: How to Serve the Court Papers by Publication
Declaration of Due Diligence and Request for Alternate Means of Service (Publication)
- Step 3 - Response to Petition
Response to Petition Non-Parent Visitation (Table of Forms)
Response to Petition Non-Parent Visitation (Checklist)
Family Court Electronic Distribution Opt Out or Consent
Instructions and Procedures: How to Respond to Visitation Papers Filed by Non-Parents
- Step 4 - The Court Order
Order for Non-Parent Visitation (Table Of Forms)
Order for Non-Parent Visitation (Checklist)
Instructions: How to Fill Out the Order for Non-Parent Visitation