Best Child Visitation Lawyers in Tempe

About Child Visitation Law in Tempe, United States

Child visitation law in Tempe, Arizona, outlines the legal framework for non-custodial parents, close relatives, and even third parties to have access to a child. These laws focus on establishing fair and practical arrangements that are always centered on the child’s best interests. Visitation plans, also known as parenting time schedules, detail when and how a parent or guardian can spend time with their child after a separation or divorce. The City of Tempe follows Arizona state law and local family court procedures to ensure that children maintain healthy relationships with both parents whenever possible, unless it would not be safe or in the best interest of the child.

Why You May Need a Lawyer

Navigating child visitation issues can be emotionally challenging and legally complex. You may benefit from the counsel of a qualified attorney in several situations, including:

• When parents cannot agree on a visitation schedule
• Modifying an existing visitation arrangement due to relocation, work changes, or a child’s needs
• If you believe your child’s safety or well-being is at risk during agreed-upon visits
• When a party is violating or disregarding court-ordered visitation
• If you wish to prevent visitation because of abuse, neglect, or substance abuse concerns
• When establishing visitation rights for grandparents or non-parental figures
• Understanding your rights and responsibilities under Arizona visitation laws

Local Laws Overview

Tempe relies on Arizona state statutes and Maricopa County Family Court rules to manage child visitation issues. The main considerations in any visitation arrangement include:

• Best Interests of the Child: Arizona courts prioritize the child’s happiness, security, and development when evaluating visitation requests.
• Types of Visitation: Parenting time can range from reasonable (flexible) to fixed (set dates and times), with provisions for supervised visitation if safety is a concern.
• Enforcement: Violations of visitation orders can lead to legal consequences, including modifying orders or imposing penalties on the non-complying parent.
• Modification: Either parent can request changes to visitation if there has been a substantial and continuing change in circumstances.
• Status Hearings: The court can schedule hearings to monitor adherence to visitation agreements or modifications as needed.

Frequently Asked Questions

What does parenting time mean in Tempe?

Parenting time, also called visitation, is the legal right for a non-custodial parent or other authorized individual to spend time with a child according to a court-approved schedule.

Who determines child visitation schedules in Tempe?

Visitation schedules can be determined by mutual agreement of the parents or, if they cannot agree, by the Maricopa County Family Court judge, who will issue an order based on the child’s best interests.

Can grandparents request visitation rights in Tempe?

Yes, grandparents and sometimes other non-parental figures may request visitation under Arizona law if certain criteria are met, such as when the child’s parents are divorced or one parent is deceased.

What factors do Tempe courts consider when granting visitation?

Courts consider the child’s relationship with each parent, home stability, wishes of the child if old enough, each parent’s ability to provide for the child, and any threat to the child’s well-being.

What happens if a parent denies court-ordered visitation?

If a parent denies court-ordered visitation, the other parent can file a petition to enforce the order. The court can order make-up visits or impose penalties on the non-compliant parent.

Can visitation be supervised in Tempe?

Yes, the court may order supervised visitation if there are concerns regarding a child’s safety, such as abuse, neglect, or substance abuse issues.

How can a parenting time order be changed in Tempe?

A parent must file a formal petition with the Maricopa County Family Court and demonstrate a substantial and continuing change in circumstances to modify an existing visitation order.

Does a child have a say in visitation arrangements?

The court may consider the wishes of a mature child, usually age 12 or older, as one of the factors when determining visitation, but their preference is not the sole deciding factor.

What is the difference between legal decision-making and parenting time?

Legal decision-making, sometimes called legal custody, refers to the authority to make major decisions about the child’s life. Parenting time refers to the schedule for when the child will spend time with each parent.

What should I do if I feel my visitation rights are being interfered with?

Document any instances of interference and consult with a family law attorney. You may file a motion with the court to enforce or modify your visitation rights if needed.

Additional Resources

If you need further information or support, consider the following resources:

• Maricopa County Superior Court - Family Department: Offers self-help services, forms, and information regarding parenting time and custody issues.
• Arizona Department of Child Safety: Provides guidance and resources related to child well-being and reporting concerns.
• Community Legal Services of Arizona: Non-profit legal aid for qualifying residents dealing with custody and visitation.
• State Bar of Arizona - Find a Lawyer Service: Helps you locate qualified family law attorneys in Tempe and surrounding areas.
• Tempe Community Council: Provides local support services for families and children.

Next Steps

If you need legal assistance regarding child visitation in Tempe, consider taking these steps:

• Gather all relevant documents, including existing custody and visitation orders, correspondence, and any evidence of disputes or violations.
• Write down the details of your situation, including your goals and any specific concerns you have about visitation.
• Contact a qualified family law attorney in Tempe for a consultation. Many offer initial consultations to discuss your case and outline your options.
• If you are unable to afford a private attorney, reach out to local legal aid organizations or court self-help services.
• Prepare for your meeting by writing down any questions you may have and be ready to discuss your child’s needs and best interests.