OPINION: IN RE THE MARRIAGE OF FRIEDMAN AND ROELS (CV-17-0225-PR)

CASE NUMBER: CV-17-0225-PR
TYPE: OPINION
DECISION: VACATED IN PART AND REMANDED
DIVISION: SUPREME COURT OF ARIZONA
ORIGINAL CASE: FRIEDMAN v. ROELS (D20103718)
JUDICIAL OFFICER: Alyce L. Pennington, Judge Pro Tempore
VENUE: Superior Court in Pima County

Under Arizona’s third-party-visitation statute, the superior court may grant visitation rights to a person other than a child’s legal parent upon a finding that “visitation is in the child’s best interests.” A.R.S. § 25-409(C). In making that discretionary determination, the court “shall give special weight to the legal parents’ opinion of what serves their child’s best interests.” § 25-409(E). We hold that when two legal parents disagree about whether visitation is in their child’s best interests, both parents’ opinions are entitled to special weight under § 25-409(E). We further hold that under those circumstances, neither parent is entitled to a presumption in his or her favor and the parents’ conflicting opinions must give way to the court’s finding on whether visitation is in the child’s best interests.

Published Decision

One thought on “OPINION: IN RE THE MARRIAGE OF FRIEDMAN AND ROELS (CV-17-0225-PR)


  1. Tell everyone to have there interviews with detectives or DCS staff that should be put on CD’s for discovery disclosure, have them analyzed for edits. If the CD is found to have been edited then that means it was tampered with which is illegal. Some things are allowed to be edited out like a persons info but that should be stated in the discovery information. You will find that things you recall are not there and this is why.

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