Child Custody

questions & answers

Question: What age does a child have to be in order to deny a parents right to see them who has custody only on the weekend

Answer: How does the court make its decision about parenting time?

If there is a dispute about parenting time, the court sometimes refers the parents to court mediation services. This process gives the parents an opportunity to reach an agreement regarding parenting time and related issues. However, if the parties are unable to agree on parenting time, the court must decide for them. Sometimes the court seeks professional advice to evaluate the family situation or offer an opinion about parenting time. When making its decision, the court will consider many factors, for example, the age and health of the child, the time each parent has available from work or other obligations, the distance between the parents' homes, the child's school schedule and the suitability of living conditions in each parent's home.

What if a parent disobeys a court order for parenting time?

If one parent violates a parenting time order, the other parent cannot deny parenting time, stop paying support or take other self-created action to punish the violating parent (to do so also would violate the court order). Instead, the court should be asked for help. To do this, a parent must file a written request for enforcement with the Clerk of the Superior Court and pay a filing fee. A hearing before the court may be necessary if the matter cannot be resolved.

What can the court do if a parenting time order is disobeyed?

When a parent files a request for help in enforcing a parenting time order, state law requires the court to take quick action. There are several remedies the court can use to deal with the violating parent. Some of these remedies may include ordering parenting time to make up for missed sessions, ordering the violating parent to attend education classes or counseling and finding the violating parent in contempt of court and ordering monetary fines (see section 25-414, Arizona Revised Statutes).For information concerning your specific situation please contact an attorney. Click the following link: http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151.