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Child Visitation Rights after a Divorce in Arizona

Visitation or parenting time, also referred to as access, contact, or residential time, is the legal term used to refer to the opportunity for the child to spend time with the non-custodial parent, or the parent who does not have sole legal custody of the child.

Parenting time and custody issues arise when parents ask the court for a divorce, or dissolution of marriage, or a legal separation. Custody issues may also arise in cases where the parents were never married or they no longer live together. In case of a divorce or legal separation, even after the court has finalized the separation or divorce, parenting time and custody problems can still come up at a later time.

Determining Visitation Time in Arizona

The Superior Court of Arizona has a clear list of guidelines that explain the rights of the biological parents. After a divorce or legal separation, each parent has the right to continue a close relationship with their child. Even if that parent does not have sole legal custody, he or she still has a right over the child. If a parent feels that their rights as a parent have been violated, or if they wish to have the visitation agreement modified, they can get in touch with an attorney who understands child support and custody laws.

Court always favor the Child’s Best Interests when preparing a visitation or parenting time agreement. When determining visitation, the court will take the following factors into consideration:

  • Both parents are fit to take care of the child
  • Both parents desire to continue their relationship with the child
  • Both parents are able to follow the parenting time plan
  • Both parents can make an effort to come to an agreement before resorting to a court ordered agreement
  • Both parents need to be present in the child’s life for consistency and stability
  • Both parents should have a continuous and meaningful relationship with the child for the child to develop a sense of significance
  • The child needs open communication with each parent
  • The visitation agreement is in the Best Interests of the Child

Factors Considered when Determining Visitation

Since the child’s best interest is the ultimate determining factor when it comes to child custody and visitation, the court will consider the following factors in determining child custody and visitation:

  • The wishes of the parents concerning custody
  • The wishes of the child concerning custody
  • The relationship of the child with each parent, or siblings that may impact the child’s best interests
  • The mental and physical health of each party involved
  • How easily the child can adapt to a change in environment, home, school, and the community
  • If any parent has acted as the primary caregiver of the child
  • If the parent has any history of abuse, domestic violence, neglect, or criminal nature

Contact A Phoenix Child Custody Attorney

Preparing a comprehensive parenting plan is important in child custody and visitation cases. A parenting plan will determine what days of the week and specific time a non-custodial parent gets to spend with their child. The Phoenix child custody attorneys at the Cantor Law Group can help you in child custody and visitation matters. Call (602) 254-8880 now to schedule a FREE Initial Consultation to discuss your case.

Author Bio:

Experienced Personal Injury Lawyer in FL Law Office Of Robert J. Fenstersheib defending your rights. He was admitted to practice in the state of Florida, the United States District Court for the Southern, Middle and Northern Districts of Florida.

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