If you are a parent going through a divorce, it’s important to understand your visitation rights. In Arizona, there are specific laws that dictate when and how you can see your children. Here are 5 quick tips about visitation rights in Arizona. Keep in mind, though, that these are just general guidelines – to get specific information about your situation, you should speak to an attorney.

Tip #1: Create A Parenting Plan

Creating a parenting plan is important because it creates visitation rights that are in line with what your family needs as a whole. Without an agreement, visitation schedules will be created by the court and could result in the visitation schedules not being very convenient for everyone involved. 

In some cases, courts do not establish visitation rights until after paternity has been established. A parenting plan can also avoid visitation disputes from arising between parents or other members of the child’s extended family over time.

There are several benefits to moms and dads creating visitation rights in an Arizona parenting plan. For instance, if your visitation is not outlined in a visitation schedule, state agencies may step in to determine visitation arrangements for your children.

Additionally, visitation times that are incompatible with your work or school schedule can be tough to coordinate without some form of visitation arrangement in place. 

If you don’t want court intervention determining visitation times but still want some guidance on how to handle visitation, parents should create a parenting plan through the assistance of their family law attorney. What this article will focus on though is visitation rights under the age of 18 years old.

It is highly recommended that you draft up a parenting plan on your own first before bringing in any additional parties to see if you can work something out together first. If this is done right, then going to court should be avoided altogether. A common mistake that people make is to bring in a third party such as the mediator or parenting coordinator without first making sure they can work together as parents.

Tip #2: Hire Mediation Services If Working With Your Spouse Is Not Possible

In most cases, visitation will be established as part of the court process and visitation rights will be mandated by the courts. This is why it’s so important to try and work out visitation for your family on your own beforehand. If you cannot agree upon visitation schedules yourselves, then mediation services might help you resolve visitation disputes before going to court and having a judge decide for you instead.

There are visitation policies that courts follow when creating their visitation orders, which include whether there should be sole custody or joint custody with parental responsibilities shared equally between both parents.

Tip #3: Establish Paternity

When a child is born to parents who are not married, establishing paternity is an important step for both the father and the child. An Arizona family law court will require both parents to adhere to visitation rights agreements based on the information that is contained in an established paternity order.

It may be possible for either parent to request visitation rights even if paternity has not been legally established. If you are asking for visitation rights with your children, you should provide documents that prove your parental relationships, such as birth certificates of the children, marriage records of the parents, or proof of adoption.

If you want visitation rights with your child but do not have any legal documentation proving your parental connection, you can petition the court in writing about visitation before paternity has been established. This petition will require you to state under oath your connection to the child, and it will typically include information about who the other parent is or how you came into contact with that parent.

If paternity has not yet been established but there is no legal challenge to your visitation request, then visitation can be ordered by an Arizona family law court even before paternity is legally confirmed. If the other party contests the visitation request, you will have to establish paternity through DNA testing before visitation rights are ordered by the court.

Most cases of visitation without paternity establishment involve stepfathers or stepmothers trying to get visitation rights with children they are raising in their homes while the other biological parent is out of or otherwise absent for extended periods of time.

Tip #4: Understand That Children Need To Communicate With Both Parents

The visitation rights of parents with young children is very important because it keeps the parent-child bond strong. When visitation is not allowed, or if visitation is interrupted, are more likely to have mental health issues as they grow up. It helps them to go through life with a clear mind and many children who have visitation rights want to spend time with their other parent on holidays, summer breaks, and weekends so that they will feel secure about who they are as people.

Tip #5: Support The Child’s Relationship With The Other Parent

Parents should make visitation work because this ensures that both parents play an active role in their child’s life while reinforcing good behavior and excellent morals. Additionally, having both parents actively involved in their child’s life reduces any potential feelings of resentment between the two adults over custody battles or other disagreements about endangering the child’s well-being.

Visitation time with a child is essential in creating and maintaining a healthy, loving relationship. Children who lose visitation rights often display signs of sadness and anger, resulting in unhappiness and behavior problems at school and home. 

Such children may even find themselves caught up in depression or drug abuse without strong visitation from both parents. A parent’s continued support during visitation is vital to helping their child through difficult times.

We hope these tips were helpful. Be sure to contact us if you have any questions about visitation rights in Arizona, or want help setting up a parenting plan for your family. You can also call our team of mediation specialists who are happy to work with both parents and children on custody agreements that support the child’s relationship with both parents. Call today!

Are You Looking for a Family Law Attorney You Can Trust?

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way.  During our private, one-on-one consultation, we’ll take the necessary time to answer all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

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