Parental Rights & Obligations

questions & answers

Question: If a couple is separated and pending completion of a divorce, how may one parent get to see their kids throughout the divorce process if the other parent is denying them access to see the children?

Answer: While parties are waiting for the final decree to be issued by the court, a party may seek temporary orders under A.R.S. §25-404. Temporary orders allow the party to seek, from the court, a determination of physical custody and legal decision making, while the divorce is pending. Temporary orders also set forth the parenting time allowed for each parent.  If there are temporary visitation orders in place and one parent violates those orders, the aggrieved parent can ask the Court for help.  Temporary orders are orders that are valid while waiting for the decree. The Maricopa County Superior Court provides free forms that can be found on their self-service website. Please follow the link provided for instructions and forms necessary. https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_group_5.asp If there are specific questions regarding the forms please seek the advice of an attorney.