CHILD VISITATION

Parent-child access (visitation) is ordered so that the parent who does not have primary custody of the child can still see the child. The Court considers it very important for both of the parents to remain an active and important part of the child’s life.

How is Child Visitation decided?

The court will order reasonable visitation according to the age of the child, but the amount of visitation can vary by agreement between the parents. A judge cannot make a parent visit a child if the parent does not want to.  Provisions are normally made with regard to weekday, weekend, holiday and summer access.

Sometimes a parent believes that any access by the other parent should be supervised. This means that the non-custodial parent only has visitation with another person present. Supervised visitation can be ordered in cases where the non-custodial parent abuses drugs or alcohol, is violent or abusive, or does not have the parenting skills to care for the child without another adult present. Supervised visitation is not intended to punish the parent, but to protect the child.

Can Child Visitation be totally denied a parent?

The Court does not generally allow a custodial parent to totally prevent the other parent from seeing the child on a regular basis. However, this may be appropriate if the non-custodial parent has seriously harmed or abused the child, or is otherwise a serious danger to the child's emotional or physical health. An order of no contact by a parent is a last resort, and is used solely to protect the child.

The Maricopa County Superior Court publishes the guidelines established by the Court for establishing child visitation in a contested case. If you use the guidelines you might be able to agree on visitation arrangement that is best for the children and the parents, without the delay and expense of a contested court trial. If you are unable to agree, then the judge will have to decide what is in the best interest of the child when deciding what kind of custody and visitation to order. Often this is complicated, and we look forward to talking with you to help you understand your rights, duties, and responsibilities as to custody and visitation.