If you’re wondering if you need help with visitation rights in Arizona, you’re definitely not alone. A lot of people don’t know where to start when it comes to getting the proper legal documentation in order. But don’t worry – we’re here to help! This quiz is designed to give you a general idea of what you need to do in order to establish or protect your visitation rights. So go ahead and give it a try – and then contact us for more information. We’re happy to help!

Are You Having A Hard Time Working Out Parenting Plan With Your Spouse?

Visitation issues do not always arise only during the course of your divorce proceedings. Sometimes, visitation problems can cause you to seek legal help before your divorce is even official. 

While parenting plans must be agreed upon by both parents and a judge may make adjustments if necessary, visitation rights do not require such action. Visitation refers to the time that each parent spends with his or her children; it is determined outside of court but enforced by law.

If you cannot jointly devise a plan for child visitation or if there are outstanding disagreements between you and your spouse, you do have the option to file an emergency motion for custody in which you detail grievances regarding child visitation arrangements. 

If either parent alleges domestic violence against the other, visitation can also be included as a consideration during divorce proceedings. A judge will do his or her best to consider the wishes of the child as well as those of his or her parents when establishing visitation rights.

Are You Having Issues With Your Visitation Rights After Your Divorce Is Finalized?

Once your divorce is finalized and the parenting plan has been cemented by your court, visitation becomes a separate issue. If issues do arise, both parents can petition for enforcement and modification through petitioning the court that issued their divorce decree. 

It is important to note that if one parent violates any part of the parenting plan – including but not limited to visitation – he/she may find him/herself in contempt of court and liable for fines or even incarceration.

For those of you who do have visitation-related issues with the other parent, it is important to know that there are steps you can take to ensure your rights as a parent are protected and enforced by the court.

In order to do this, it is best to consult an experienced parenting plan attorney so you do not miss any potential opportunities for success. An attorney will be able to advise you of your options and help guide you through any legal problems that may arise during the modification process.

Are You Having A Hard Time With Documentation And Which To Submit To The Court?

The court will expect that a non-custodial parent will do everything possible to obtain the necessary documentation for visitation rights while going through a divorce or child custody case. The following documents are typically used:

• Court order from custody case, if available. Parents need to know which year’s court order is relevant and include it with the filing. If the order does not specify who gets visitation on what days, then it must be included by both parents. In this instance, both parents would have to provide the document rather than just one parent submitting it on behalf of themselves and their children.
• Birth certificates for all children involved in the visitation case. This is required from both parents, as well as from any additional adults that have been granted parental rights through adoption or paternity actions.
• Death certificates of either parent must be submitted if one of them has died. In this instance, only one death certificate needs to be included by the court with the filing.
• Proof of citizenship for all parties involved in the visitation case must be submitted if either does not have a social security number or does not live in Arizona. If a party does not possess a social security number and they do not live in Arizona, submit a copy of current immigration documentation along with a completed Immigration Status Confirmation form.

Are You A Non-Custodial Parent? 

It is difficult for a non-custodial parent, one who does not have custody of their child, to do anything without involving the legal system. After all, they don’t have access to their child as frequently as do custodial parents. 

This can be very frustrating. Many feel that this frustration results in them being seen as less deserving of visitation rights than do those who do get more court-ordered visitation time with their children.

However, this should not be the case. The courts do not discriminate against anyone who requests visitation rights no matter if you are a non-custodial parent or one that has primary custody over the kids themselves. However, there are certain requirements that must be met prior to having your request for visitation rights heard. Some of these requirements do not take much effort to do but there are others that do require work and often, the help of a family law attorney can be very beneficial.

Are You A Grandparent Or A Non-Parent?  

Arizona is a state which recognizes two types of visitation rights: grandparent visitation and third party visitation. Grandparent visitation refers to the time that a child spends with their grandparents. 

In most cases, this type of visitation is based on what allows for the best interest of the child. This right can be established by the parents or also through a court order from the family court.

In contrast, third-party visitation is more commonly known as “non-parent” visitation and can be awarded in some instances when one parent does not agree with the other parent’s request for it – even if there are no allegations of abuse or neglect against either parent. A non-parent may request visitation rights only if they do not fit into any one of these categories:

• They do not live in the same household with the child
• They do not have a biological or legal relationship with the child (i.e. stepparent, adoptive parent, half-sibling) and
• Their reasons for visitation do not present an “unreasonable danger” to the child’s health or safety.

We know that visitation rights can be confusing and difficult to understand. If you’ve been having a hard time working out your parenting plan or are experiencing any other issues, call us today for help with visitation rights in Arizona. Whether it’s because of an impending divorce, the death of a spouse, grandparent custody battles, non-custodial parent problems, or anything else, we have experienced family law attorneys ready to assist you at every step of the way through this complicated process – all without costing you more than what is fair! Have questions about how our team could help? Call us 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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