When parents live apart after divorce or separation, it is important for the children to continue to have meaningful relationships with both parents. Therefore, absent issues of abuse or other extreme concerns, it is usually in the best interests of the children for both parents to have periods of parenting time with the child, either as the primary custodian or through ample visitation.
At The Law Offices of Wendy Raquel Hernandez, P.C., our Phoenix visitation rights lawyers represent mothers and fathers through difficult life-changing issues. We help clients understand the laws in Arizona and, while we can never guarantee results, we can help clients understand how courts typically view certain situations. This provides clients with a realistic view of their lives and brings some level of predictability to it during a very uncertain and chaotic period of their lives.
Arizona Parenting Time/Visitation
When the court makes decisions about child custody and parenting time (also known as visitation), it considers a significant number of factors, each of which can carry weight as the judge deems fit. The overall concern is finding a solution that serves the best interests of the children. When determining the percentage of parenting time/visitation, some of the factors considered by the court may include:
- Who was the primary caregiver during the marriage?
- Who has been caring for the children since the parents separated?
- How much time has each parent been spending with the children since the separation?
- What are the work schedules of each parent?
- What are the wishes of the children (if they are old enough to share an opinion)?
- How stable are the lives of the children?
- Are the children experiencing challenges in school (such as poor grades due to issues going on at home or poor parent encouragement to complete homework)?
Preparing Your Child Custody and Visitation Case
Parents often inquire about things they can do to enhance their chances in custody and visitation determinations. First and foremost, the easiest way to remove the uncertainty and risk of what could happen in the courtroom is to pursue resolution without proceeding to trial. However, in cases where the other parent is unwilling to be fair or where it is in the best interest of a client to proceed to trial, there are steps a parent can take to demonstrate his or her position.
When a custody case is brought to the court, a court-appointed counselor may interview the child, and a judge will review evidence, will listen to testimony and will evaluate the whole picture. Parents are often able to present to the judge what they believe would be in the best interests of the children. Demonstrating the history of how children have been cared for and how time has been spent with the children can be critical.
Keeping a journal or calendar detailing all of the time you have spent with your children — the dates, times, activities or events shared together — can be critical evidence when presented to the judge. This type of information can be a significant factor weighed by the judge when determining child custody, parenting time and child support.
Contact a Phoenix Visitation Rights Lawyer Today
To arrange a consultation to discuss your divorce, custody and parenting time/visitation concerns with a Phoenix family law attorney, please do not hesitate to contact The Law Offices of Wendy Raquel Hernandez, P.C. From offices in Phoenix, we represent clients throughout Arizona.
