Visitation is important for everyone involved–father, mother, and child(ren). But even more so for the child’s well-being, as these interactions provide emotional stability and developmental benefits.
According to Arizona State University’s research on father involvement, children with involved fathers exhibit better academic performance and social skills and reduced feelings of abandonment.
The Arizona Judicial Branch agrees with this notion and is supported through ARS § 25-401 and ARS § 25-403.
Below, we discuss these laws, as well as others per Arizona Revised Statutes Title 25, to explain the visitation rights allotted to fathers.
If you’re a father seeking visitation or concerned in any manner in regard to your right to see your child, please reach out to our family law firm today to discuss your case with a seasoned child visitation law attorney.
Defining Child Custody in Arizona
A comprehensive parenting plan outlines custody and visitation. While the mother is typically appointed the parent the child lives with, this determination is based on the child’s best interests.
As per ARS § 25-403, non-custodial parents have the right to see their child, and it’s the custodial parent’s responsibility to facilitate visitation. This statute also defines the following:
Legal Custody
The parent with legal custody is the authorized decision-maker for the child. This includes decisions related to the child’s upbringing, education, and healthcare. Both parents can have legal custody of their child.
Physical Custody
Physical custody pertains to the child’s living arrangements–where they sleep at night. Visitation laws ensure ongoing, in-person contact between father and child (assuming the mother is the legal custodian).
Sole Custody
As the name suggests, a single parent has residential responsibility for the child. The other parent is granted visitation rights.
Joint Custody
Joint physical custody means the child spends significant time living with both parents. This promotes equal involvement but requires detailed coordination.
Types of Visitation Rights in Arizona
As you may be aware, fathers are entitled to different types of visitations. In Arizona, parents must adhere to their parenting plan or a judge’s ruling.
ARS § 25-401 defines visitation as non-custodial time parents spend with a child. This includes regular visits, holidays, and special occasions, like birthdays and school events.
ARS § 25-403 details the types of visitation a parent is permitted, including:
#1 Unsupervised Visitation Rights
Unsupervised visits allow a father to visit his child without a third party present. This is the standard when both parents are deemed fit, and there are no concerns for the child’s safety.
This type of visitation is considered best for the child, promoting trust and independence in the non-custodial parent while promoting the parent-child bond.
#2 Supervised Visitation Rights
These types of visitations require a supervisor to be present in order to monitor interactions between father and child at a predefined location.
Supervised visits are mandated by the court when a parent has a history of abuse, neglect, drug use, or other reasons for concern for the child’s safety.
#3 Birthday, Holiday & Vacation Visitation Rights
Fathers are entitled to equitable access to their children, and if needed, courts establish schedules for holidays, birthdays, and vacations.
It’s common to see alternating schedules around these events to ensure both parents have meaningful time with their children. Planning ahead prevents disputes and helps ensure fairness for fathers.
Process to Obtain Visitation Rights in Arizona
In order to receive father visitation rights, you must complete the necessary petitions and forms. Your lawyer assists with completing the required forms, submitting the documents, and ensuring their accuracy and timeliness in regard to deadlines.
More often than not, in Arizona, the court in the county the child lives in has jurisdiction. Filing occurs in family court; however, depending on the location, there may be a specific division of the court system that handles custody and visitation matters.
Your attorney understands local court procedures and requirements, ensuring successful filing. Additionally, your legal advisor assists with preparing for court hearings–evidence collection, witness preparation, and case presentation.
Attorneys also play an important role in mediation in visitation cases. Mediation is preferred, as mutually agreed upon visitation prevents prolonged, often costly, litigation. It also facilitates more productive communication, reducing conflict and leading to amicable agreements.
Arizona Father’s Visitation Rights FAQs
Below, we answer several of the most commonly asked questions by fathers. As mentioned, please reach out directly to speak with a lawyer about your legal situation.
#1 How Does the Child’s Age Influence Visitation Decisions?
It’s generally agreed upon that younger children require more frequent visits, albeit shorter ones. While older kids could benefit more from longer, less frequent visitations.
Developmental stages are also considered, and visits could be scheduled to support the child’s emotional and psychological development.
Finally, education is an important facto,r and visitation should not disrupt the child’s schooling or extracurricular activities.
#2 How Can I Get Equal Visitation Time When I Work Odd Hours?
Courts assess both parents’ schedules to accommodate visitation without conflicting with work requirements. Ideally, visits take place on a regular schedule to help with planning and provide stability for the child.
#3 How Does the Court Determine Child Custody?
Courts prioritize homes that offer stability in a nurturing environment. Furthermore, the evaluation of each parent’s living arrangements is conducted to see which best meets the child’s needs.
#4 Can Arizona Visitation Orders be Modified?
Yes. When significant changes take place, such as relocating for a new job, a modification can be made. Similarly, if the child’s needs change, including health or educational requirements, this necessitates a revised visitation schedule.
Non-compliance–issues with the existing visitation arrangement, like continuously missing or interfering with pre-scheduled visits, can be grounds for revision to the agreement.
Typically, to modify a visitation agreement when one party disagrees, evidence is needed to support changes in circumstances.
#5 What Are the Most Common Visitation Violations?
Missed visits, when a father fails to adhere to the agreed-upon schedule without a valid reason, is the most common violation. However, refusal to cooperate and denying a father access to his child is another common occurrence.
When a parent violates visitation orders, the legal course of action is to file a motion for contempt. If you’re denied visiting your child, your lawyer seeks a court order to enforce your visitation rights.
Defend Your Right as a Father to Visit Your Child, Hire a Child Custody Lawyer
In Arizona, fathers have an equal legal opportunity for child custody and visitation rights. The process of obtaining such rights can be complicated. Fortunately, Antol & Sherman is the top family law firm in Flagstaff, and we offer extensive experience providing invaluable help and legal counsel to fathers seeking visitation rights.
Our law firm specializes in reviewing documentation, such as court orders, birth certificates, and divorce paperwork, to ensure that all legal requirements are being met. Besides providing advice regarding necessary steps needed to establish and enforce visitation rights, our Flagstaff family lawyers go above and beyond by helping clients navigate the complexities of family law regulations.
With years of experience working with families involved in visitation disputes, we understand the importance of ensuring that children have meaningful relationships with both parents. If you are ready to fight for your and your child’s best interests, contact us for a free consultation today!