Under certain circumstances, a person other than a legal parent may petition the superior court for legal decision-making authority, placement of the child or visitation with a child. It is a rebuttable presumption that awarding legal decision-making to a legal parent serves the child’s best interests because of the physical, psychological and emotional needs of the child to be reared by a legal parent. A third party may rebut this presumption only with proof showing by clear and convincing evidence that awarding legal decision-making to a legal parent is not consistent with the child’s best interests.
Under certain circumstances, a person other than a legal parent may petition the superior court for visitation with a child. In deciding whether to grant visitation to a third party, the court shall give special weight to the legal parents’ opinion of what serves their child’s best interests and consider all relevant factors.