Several questions usually arise during divorce proceedings. Parental visitation is often one of the most discussed issues, with a focus on how each parent should be involved with the child’s life. While Arizona law is clear on how to approach this issue, understanding what to expect can help you plan better. This article provides a simplified guide for divorcing parents on how to approach the issue of parenting time.
What is Parenting Time in Arizona
Parenting time in Arizona is a term used to refer to what other jurisdictions call physical custody. It is a key component of child custody, defining how each parent spends time with the child. As per the guidelines, a parenting plan in Arizona is established by court order. Even in situations where the parents have agreed to informally create a parenting schedule, they must submit and formalize the agreement in the family court for it to be adopted as an enforceable court order.
These Arizona parenting time guidelines means that neither paret is entitled to parenting time without a court order. While the framework is clearly set out, it often leads to one parent withholding or keeping the child from the other parent. In most cases, the scenario disproportioaly affectes unmarried fathers as the mother remains the legal custodian of the child until paternity is established and custody determined by a court.
How to Establish Parenting Time in Arizona
Parental visitation time is one of the most contested issues for divorcing parents. However, the process of establishing child visitation time starts with one or both parents filing a petition to “Establish Parenting Time.” In cases where paternity has not been established yet, it can be done at the same time. This also includes legal decision-making and child support.
If the two of you have already agreed on parental visitation and everything else, you can submit a parenting plan jointly. Without an agreement, however, either parent can file a Petition to Establish. In situations where a parent needs immediate parenting time orders, this can be achieved by filing a motion for temporary orders with the petition or after it has been filed.
Once you file the petition, it is served on the other parent. This means that the petition is delivered to the other parent by a process server or other means provided by the Arizona Rules of Family Law Procedure. The other parent will be given 20 or 30 days to file a response.
How Do the Courts Decide Parenting Time in Arizona?
When parents cannot agree to a parenting time schedule, the family court will decide the parenting time for each parent. This is determine after an evidentiary hearing or trial that allows every parent to present evidence and testimony to support their preferred parenting time schedule. Arizona law provides family court judges with broad discretion in determining parenting time. However, they are guided by several factors.
The most important factor under consideration is the best interests of the child. Every case in Arizona that involves parenting time or decision-making is based on the best interests factors. These include the relationship between parent and child, the child’s adjustment to home and community, their age and maturity, presence of domestic violence, whether a parent intentionally misled the court to cause delay, and other relevant factors.
What is the Role of Court Appointees
Family courts use other resources to determine parenting time, including professionals who can be appointed to help. This is usually done in special cases, such as when neglect or child abuse is alleged. In such cases, court-appointed advisors (CAA) or best interests attorneys (BIA) are consulted to help determine child visitation time.
Best interest attorneys do not testify as they are not witnesses and cannot submit their opinions as evidence. Instead, they participate in the case like attorneys for the parents, but advocating for the best interests of the child. On the other hand, court-appointed advisors may interview the parents, children, and other witnesses. Based on the interviews, they prepare a report containing their recommendations for parenting time or legal decision-making.
Hire a Child Visitation Attorney
Although Arizona law provides clear guidelines for establishing Arizona parenting plans, most parents struggle to come to an agreement. Even with an agreed plan, you still need to formalize it and get a court order to actually implement the visitation schedule. A child visitation attorney guides you through this process, ensuring you settle any issues in the best interests of the child. Contact Schill Law Group today to work with an experienced and reliable child visitation attorney.
