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AZ SB1588
Bill
Status
2/5/2024
Primary Sponsor
Justine Wadsack
Click for details
AI Summary
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Amends Arizona Revised Statutes section 25-409 to modify when third parties can petition for legal decision-making authority or visitation rights over a child.
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Requires that a third party seeking legal decision-making must establish they stand in loco parentis to the child and prove by clear and convincing evidence that awarding custody to a legal parent is not in the child's best interests, subject to a rebuttable presumption favoring legal parents.
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Expands in loco parentis visitation rights to include cases where dissolution or legal separation proceedings are pending or where the parents' marriage has been dissolved for at least three months.
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Adds termination of parental rights as a condition allowing third parties to petition for visitation with a child.
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Maintains notice requirements requiring petitioners to serve all legal parents, guardians, and other parties with custody or visitation claims, and requires courts to give special weight to legal parents' opinions regarding their child's best interests.
Legislative Description
In loco parentis; third parties
Marital And Domestic Relations - Title 25
Last Action
Senate JUD Committee action: Do Pass Amended, voting: (6-0-1-0)
2/15/2024