If you are a parent who is facing difficulties obtaining visitation rights in Arizona, you are not alone. In fact, many parents find themselves in this situation every year. The good news is that there are steps you can take to improve your chances of getting the visitation rights you desire. In this article, we will outline six steps that you can take to get visitation rights in Arizona. Keep reading to learn more!
When a couple gets married, they get the same visitation rights as any other two legal parents in Arizona. Getting married is important in getting visitation rights because it bestows upon the couple all of the same legal benefits that traditional married couples get. Under Arizona law, step-parents are not allowed to get visitation rights unless they get legally married to their spouse’s child’s other parent.
Have A Parental Relationship With The Child
Having a parental relationship with the child is an important step in getting visitation rights because, if there is no parent-child relationship to speak of, it would be difficult for a parent or other family member to get visitation. It also ensures that the biological parent and court will take the non-custodial party’s claim seriously.
The most common reason people get visitation rights denied is when they do not get legally married to their partner before the birth of their child. If getting married within nine months after birth does not work out, you should get an affidavit signed by both parents recognizing that you are part of your son or daughter’s life.
In the case of a non-biological parent seeking visitation rights, sometimes even if you get legally married or get an affidavit from both parents recognizing your parental status, the biological parent may still deny you visitation as they can get away with doing so based on their own personal beliefs.
Make An Agreement With Your Spouse
In order to get visitation rights, you have to work with your spouse to get a court order that spells out what is going to happen when you and your spouse can’t agree about parenting time. This court order will be your guide for making decisions about parenting time while you are separated or living apart.
Making an agreement should include these four things:
- How much parenting time each parent will get
- Where the child will live before and after visits
- Who will get to make important decisions for the child
- How you will resolve disagreements about parenting time If one of your children is 15 years old or older, he or she must agree with the agreement. If your child does not agree, a court may still approve the arrangement but can also limit parenting time.
Get Legal Assistance
As a parent, it goes without saying that ensuring the safety and best interest of your children is paramount. With this in mind, you’ll need to get legal help from a specialist family law attorney who can get visitation rights for your child. This is because as a single parent or an ex-spouse, you may not be able to get full custody of your child or ensure sufficient visitation terms with them.
In addition to this, since family courts are always inundated by cases from divorcing parents whose lives have been turned upside down by divorce proceedings and associated legalities – such as child support and spousal maintenance – visitation rights could get lost in the shuffle.
Establish Visitation Rights In Court
Court orders concerning parenting time in Arizona are legally enforceable in the court system. A violation of this order can be enforced by authorities and go as far as criminal charges. It is imperative that you get a court order regarding parenting time to avoid any future issues. It will make it easier to get an order enforced if the other parent decides not to follow it. If your visitation schedule has been approved by the court or judge, then it will be much simpler for authorities to enforce the schedule because they are enforcing the court’s decision rather than another individual’s agreement.
Arizona has created specific guidelines for creating parenting time schedules. These guidelines are based on what works best for children who have parents that do not live together. There are no age guidelines but there are guidelines that state that kids under 10 should spend overnights with each parent at least every 3 weeks. Kids over 10 should spend overnights with each parent at least every 4 weeks.
To get a visitation schedule, you will need to file certain documents. These documents include:
- A Petition – This form gives the court information about your children and what parenting plan you want. It also includes information on how much time and expense each parent is willing to contribute towards their kids.
- A Declaration – This form gives background on your kids and what kind of relationship they have with each parent. It also includes information on any potential problems you or your children may be facing.
- Financial Affidavits – These forms give the court an idea of how much money you make and what your current financial situation is like.
If both parties agree, then parenting time can get scheduled without going to a full custody hearing. In this case, you will not need a Declaration or a Petition but instead, just fill out Parenting Plan Documents. These documents ask about visitation preferences and issues regarding your kids such as who will get them if they get sick from school, etc.
Pay Child Support
Child support is one of the most popular topics in family law. Nothing can get more heated than a discussion about whether or not someone is adequately supporting their children financially. Whether you are paying, receiving, or even if there simply isn’t any money to go around, people get very passionate about child support.
It’s important for both parents in Arizona to realize that child-support payments go towards more than just taking care of the kids when they’re with their other parents. There are expenses involved with raising children no matter what situation they are in – custody exchanges, visitation rights, and shared parenting all come at a high price.
If you want to get visitation rights in Arizona, especially if your ex isn’t allowing them at all, having an appropriate and unbiased understanding of the law is important. Paying child support gives you an advantage when it comes to visitation rights, not just financially but legally as well.
If you’re looking to establish visitation rights for your child in Arizona, the process can be a little daunting. But don’t worry, we’re here to help. In this article, we outlined the six basic steps you need to take in order to get started. And if at any point during the process you run into trouble or have questions, don’t hesitate to give us a call. We want what’s best for your family and will do everything we can to help you achieve your goals.
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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