ARS 25-415(C) Example Case
In Finck v. O'Toole, 179 Ariz. 404, 406-07, 880 P.2d 624, 626-27 (1994), the Arizona Supreme Court held that the superior court was not authorized to grant visitation rights to step-grandparents who stood in loco parentis to a child. 179 Ariz. at 407, 880 P.2d at 627.
Noting that the legislature had only promulgated procedures for awarding visitation to noncustodial parents, grandparents, and great-grandparents, the court reasoned that the legislature did not intend to authorize visitation for unspecified third parties. Id.
"In response to Finck, rather than simply adding step-parents and step-grandparents to the classes of parties entitled to petition for visitation, the legislature enacted 25-415(C) to provide that the court may award reasonable visitation rights to persons standing in loco parentis to a child, including, presumably, step-parents and step-grandparents, subject to satisfaction of the listed requirements." Riepe v. Riepe, 208 Ariz. 90, 92, P 5, 91 P.3d 312, 314 (App. 2004)