Goodman v. Forsen

OPINION

SWANN, Judge:

¶ 1 In 2013, the legislature amended A.R.S. § 25-409 to require that a court give “special weight” to a parent’s decision to oppose visitation between a child and a nonparent. We hold that a parent opposing visitation does not bear the burden of proof under this statute, and that “special weight” means the party seeking visitation must prove that a fit parent’s decision to deny visitation would substantially impair the child’s best interests.

¶ 2 In this ease, the court ordered visitation under AR.S. § 25-409 in favor of the former girlfriend of a fit mother. Though the…