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Read how I will relentlessly fight for the compensation you deserve. Find out how my experience as a former prosecutor uniquely qualifies me to defend you. Learn more about family law and divorce.
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Visitation Rights
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Visitation Rights Attorney in Arizona

Will I still have visitation rights after a divorce?

In the state of Arizona, the noncustodial parent can retain their visitation rights despite the type of custody agreement that the court decides upon. Visitation is also referred to as "parenting time" in this state, and the Superior Court of Arizona does have a clear list of guidelines that explain your rights as biological parent. Every parent has the right to continue a close relationship with their child, even if they do not have joint custody. If the other parent has sole custody of the child, they are still permitted from just picking up and moving away, sending the child away for holidays and from refusing to let you see the child. If you feel that your rights as a parent have been violated or you wish to modify the visitation agreement that is in effect, please do not hesitate to contact a Casa Grande attorney from Sutton Law, PC today.

How do you determine visitation time in Arizona?

When preparing a visiting or parenting time agreement, the court will always rule in favor of the child's best interests. Typically the family law court will make several assumptions when determining visitation, those include:

  • The parents are fit to care for the child
  • The parents both desire to continue their relationship with their child
  • The parents are able to follow the parenting time plan
  • The parents can try to come to an agreement before resorting to a court ordered agreement
  • The visitation agreement is in the best interests of the child
  • The child needs to have the stability and consistency of both parents in their life
  • The child will develop a sense of significance by having a continuous and meaningful relationship with both parents
  • The child need open communication with each parent and no blaming of the parents is involved

Arizona Visitation Guidelines

In order to keep the peace, the state of Arizona has clearly dictated a number of guidelines that are in line with the law and with common sense. These guidelines should be followed in any family law situation unless otherwise ordered by the court. The law prohibits anyone from denying visitation rights from the other parent due to the failure to pay child support. Parenting time and child support are two separate legal issues and they should be treated as such. On the other hand, if a parent is denying you access to visit with your child, you are still prohibited from stopping child support payments. Even if you do no share joint custody, as parents you should exchange address and phone number information for both your residence and work. As parents, you are also entitled to have shared access to all the child's medical records and school records.

The court also encourages parents to practice parental participation by encouraging the other parent to be a part of child-related activities. This can also mean encouraging your child to have email or phone contact with the other parent even if they are on your time. It is important that you do not discuss your marital issues or fight with the other parent in front of the child. By stating the faults and shortcomings of the other parent in front of them, you could be accused of parental alienation and be penalized by the court. Your child should not have to choose between their two parents and it is best to refrain from buying their favor with gifts or special treatment. Parents should also do their best to be on time for child appointments and activities. If you do exchanges where you drop off the child with the other parent, you should always give notice if you think you are going to be late or work to have an alternative arrangement made. It is also important that you coordinate as parents to reach an agreement about a bedtime schedule, homework schedule, style of discipline and any other rules regarding raising your child.

Third Party Visitation Rights

Under Arizona state law, grandparents and great grandparents are permitted to request legal visitation rights. This typically only happens if one of the following is true:

  • It is in the best interests of the child
  • The parents are divorced
  • One parent is missing or deceased
  • The child is born out of wedlock

Many times however, a grandparent can visit with their grandchild when their son/daughter's allotted custody time. There are also cases where stepparent, aunt/uncle and sibling visitation rights are awarded in Arizona. To learn more about third party visitation rights, contact my firm and I will be more than happy to address all of your questions.

Casa Grande Visitation Attorney

Are you looking to prepare a comprehensive parenting time plan? A parenting plan will determine what days and specific time you will have to spend with your child. By adhering to the plan and the visitation agreement, your child will have a sense of order, security and relief. By putting the priorities of the child first, my firm can help you create an effect schedule that fits the parent's schedules and the child's schedule. Here at Sutton Law, PC, you will find experience you can count on. My firm represents families facing a multitude of family law issues including child custody, divorce, child support and visitation. For legal advice when it matters most, call (877) 774-9344 for a free consultation.

Contact a Casa Grande lawyer from my firm today!

Sutton Law, P.C. - Casa Grande Lawyer
Located at 100 East Florence Blvd, Casa Grande, AZ 85122.
Phone: (877) 774-9344.
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