Douros v. Morse, 560 P.3d 372

Mother (Brittany Morse) and Father (Kenneth Douros) had a son, Kyle; Father died in 2017 when Kyle was three.
Grandmother (Vonda Douros) was actively involved in Kyle’s care before and after Father’s death.
Mother ceased allowing Grandmother visitation due to concerns over safety and prior family conflict.
Grandmother petitioned for third-party visitation; Superior Court granted extensive visitation, including significant overnight periods.
Mother appealed, claiming the award violated her constitutional rights as a parent.
The Arizona Court of Appeals reviewed whether the visitation order gave due deference to Mother’s rights and was appropriately limited.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of Visitation Award	Morse: Award excessive; infringed on parental rights	Douros: Visitation reflects prior, beneficial relationship	Award was excessive and infringed Mother’s parental rights; vacated
Special Weight to Fit Parent’s Opinion	Morse: Court failed to give opinion special weight	Douros: Best interests standard met	Court erred; did not defer to Mother’s view as required
Appropriateness of Visitation Amount	Morse: Visitation nearly co-parenting; disruptive	Douros: Amount mirrors prior history	Amount grossly exceeded “minimally intrusive” standard
Court-Ordered Counseling Requirement	Morse: No authority to order counseling	Douros: Condition appropriate for child’s welfare	Statute did not authorize such an order; requirement vacated

Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (establishes presumption that fit parents act in best interests of their children)
In re Marriage of Friedman & Roels, 244 Ariz. 111 (Ariz. 2018) (special weight to parent’s wishes in visitation disputes)
Borja v. Borja, 254 Ariz. 309 (Ariz. App. 2022) (visitation must be minimally intrusive and cannot equate to joint parenting)
McGovern v. McGovern, 201 Ariz. 172 (Ariz. App. 2001) (deference to fit parent in third-party visitation matters)