How To Get Visitation

Guide for Obtaining Visitation Permits

1. Examine Your Choices for Obtaining Directives Agree with the Other Parent

Make an effort to come to terms with the other parent. Your agreement may be deemed legally binding by a judge.
Use Alternative Dispute Resolution or Mediation: These processes can assist in bringing parties to an agreement without the need for a trial.
If all else fails, you have the option to ask for a custody trial, in which the court will decide on visitation and custody.
Free Marriage therapy: Conciliation Court offers free, brief marriage therapy to those who are unsure about divorcing, either before or after a case is opened.

2. Plan your Time and Create a Parenting Schedule

Make a parenting plan that outlines your visiting schedule and any other significant agreements you have with your co-parent.
Determine the Parenting Time: Assign each parent a specific amount of time to spend with the child.
Set the Timetable Right Away: Making your timetable in advance will benefit you during court cases or discussions.

3. Filing a Case (In the Event of No Agreement)

Representation: Your attorney will take care of the paperwork if you have one. Use these procedures if you are representing yourself.
Respondent vs. Petitioner: The parent who files is known as the respondent, while the petitioner is the other parent. They can both be called litigants.

4. Fill up the Required Forms

Divorced or single parents: Fill out the appropriate forms, depending on your circumstances.
Typical forms consist of:
Children’s Sensitive Data Cover Sheet
Declaration Concerning Minor Children Summons
Purchase and Consent Form for Parent Education Classes Parenting Schedule (make your own)
Extra forms for parents going through a divorce:
Request for Divorce in Case of Minor Children
Notice of Preliminary Injunction Concerning Creditors
Form for Current Employer Information
Notification of Your Rights Regarding Health Insurance Protection
Extra paperwork for parents who are not married:
Request for Court Order for Vital Records, Parenting Time, Child Support, and/or Paternity and Legal Decision-Making
Temporary Orders: During the lawsuit, submit a motion for temporary orders if you require custody or visitation restrictions.
Notarize Forms: Prior to filing, all forms must be notarized.

5. File Documents and Pay Requirements

File Forms: Send forms to the Superior Court in your county. With Arizona’s e-filing system, online filing is permitted in numerous counties. Submit paper copies in person if not.
Filing Fees: Aim for fees of $100 to $200, plus any extra expenses. For individuals who are unable to pay, there may be fee waivers or deferrals available.

6. Give the other parent the papers.

The document needs to be served to the other parent in a proper manner, and the court needs to receive proof of service.
Choices consist of:
Acceptance of Service: Get a signed Acceptance of Service form from the parent.
Certified Mail: File the delivery receipt and send the documents by certified mail.
Employ a private process server to deliver the documents if you have any.
County Sheriff: Deliver documents via the sheriff’s office; frequently, there is a reduced charge.
Publication of Notice: If the other parent cannot be found, issue a notice in a newspaper and submit the proof of publication to the court.

7. Await the Other Parent’s Response Deadline: Depending on the service option chosen, the other parent must react in a span of 20 to 25 days.

Uncontested Case: The case moves forward to settlement if the opposing parent accepts your petition.
Case in Controversy: In the event that the opposing parent is not persuaded, the matter proceeds to trial.
Default Judgment: You may request a default judgment in your favor from the court if the other parent chooses not to reply.

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