Call Now for Immediate Advice If You're Effected by Arizona's New Law HB2995 Regarding Domestic Violence and Custody Issues
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Call Now for Immediate Advice If You're Effected by Arizona's New Law HB2995 Regarding Domestic Violence and Custody Issues
Parenting time, formally known as visitation, refers to the amount of time a child spends with each parent and can be separate from the issue of legal decision-making.
Current law, in the absence of certain circumstances such as substance abuse or domestic violence, requires the Court to begin by awarding parents maximum parenting time. While the term “maximum” is up to the judge’s discretion, many judges interpret it to mean equal time. Furthermore, any parenting time schedule must be logistically possible, taking into account factors like driving, work, and school schedules.
The legal standard for determining legal decision-making and parenting time, also known as custody, is the child’s best interest. It is important to note that this standard is not based on clear and convincing evidence, beyond a reasonable doubt, or a preponderance of the evidence.
The statute, Arizona Revised Statute 25-403, lists 11 different factors that the judge must consider when awarding custody and parenting time. Not all factors apply to every situation, but the judge must still address each one, even if only to state that it is not applicable.
Some of these factors include:
It is also important to note that best interests are not based on parent’s sex or gender, nor is it based on sexual orientation.
When determining a parenting time schedule, Arizona courts are primarily guided by the child’s best interests. While the ultimate legal standard involves a comprehensive review of the child’s welfare, several practical and logistical factors are key in shaping the final order. These include the distance between the parents’ homes and schools, their respective work schedules, and the logistics of transportation, such as who is able to drive and how much time the child would spend in a car each way.
The court strongly encourages parents to reach their own agreements regarding legal decision-making and parenting time schedules, often asserting that “the best parenting time schedule is the one the parents commit to making work.”
Judges are quick to acknowledge that they do not personally know the parents or children involved. While it is their job to decide what is in the child’s best interest, they recognize the inherent difficulty and lack of personal context when a stranger must make such significant decisions about a family’s life.
The legal foundation for these decisions is found in the Arizona Revised Statutes, specifically A.R.S. 25-403 et seq.
In Phoenix, parents and courts commonly use a few popular schedules to structure parenting time:
This is one of the most popular arrangements. One parent has the child every Monday and Tuesday (2 days); the other parent has the child every Wednesday and Thursday (2 days). The parents then alternate the long weekend (Friday, Saturday, and Sunday) (5 days for the parent whose long weekend it is, and then the cycle repeats).
For example, the exchange could happen with a drop-off on Sunday evening. Parent 1 is responsible for school on Monday and Tuesday. Parent 2 picks up the child (either from Parent 1’s home after school or directly from school) and is responsible for school on Wednesday and Thursday. They then either keep the child until Sunday (if it’s their weekend) or drop them off at Parent 1’s home (if it’s Parent 1’s weekend). The receiving parent can also pick up the child directly from school.
This variation rotates the two week-days each parent has on a weekly basis, ensuring a frequent exchange of time.
This schedule is often favored by some judges to reduce the number of exchanges between parents, which can minimize potential conflict.
While the standard parenting plan usually involves alternating major holidays and breaks, parents have significant freedom to craft a schedule that suits their family best. The parties can create whatever parenting time schedule they want for regular or holiday and vacation periods, deviating from the initial court orders. However, in the event of an irreconcilable conflict over a date, the parties must revert back to the specific terms set out in the court order.
A request to modify existing parenting time orders in Phoenix can generally be made after one year, requiring the parent to show a substantial and continuing change in circumstance that materially affects the welfare of the child. This one-year waiting period excludes emergencies, such as a threat of bodily harm. An exception to the one-year rule allows for a motion to modify to be filed after only six months if a parent is not complying with the current court order.
Call police with a copy of order to enforce. File an enforcement action. Document all dates and times of alleged violations.
Under very certain circumstances. Generally, it is presumed that the grandparents are seeing the children when the parent associated with them has parenting time. Different situations allow for filing like death of one parent, etc.
We fashion a long distance parenting time. Usually parent out of state gets more summer parenting time and increased school breaks.
Modification for the other parent or enforcement if they are prevented from exercising visit.
Legal advice is critical—always. It is a mistake to assume you know the law, to rely on others for advice who may not be experts, or to believe a judge has the time to hear your entire personal story. The legal complexities of parenting time require professional guidance. For personal assistance tailored to your unique situation, contact Lasiter Law to speak with a Phoenix Parenting Time Attorney.
