Regular Post
Written by Canterbury Law Group

How To Get Visitation

Guide for Obtaining Visitation Permits

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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.

Read More About:

What Are The Chances Of A Father Getting Full Custody?

Child Custody Battles Between Unmarried Parents

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Child Custody Laws In Arizona

Speak With Our Father’s Rights Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Father's Rights, Fathers Rights, Fathers Visitation Rights
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Regular Post
Written by Canterbury Law Group

Paternity Law

Family Law is a legal practice area where attorneys focus on legal issues such as divorce, adoption and child custody among others. Practicing family law attorneys can represent clients in family court proceedings, related negotiations and can also help to draft legal documentation such as property settlement agreements or court petitions. Some family law attorneys also offer services to help with adoption, emancipation, paternity or other matters not usually related to divorce.

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Paternity law deals with the legal recognition of a man as the father of a child. It encompasses a range of issues, including establishing paternity, the rights and responsibilities of fathers, and related matters such as child support and custody. Here is a detailed overview of paternity law:

Establishing Paternity

  1. Voluntary Acknowledgment:
    • Birth Certificate: In many cases, paternity is established when both parents sign the birth certificate at the time of the child’s birth.
    • Acknowledgment of Paternity (AOP): Both parents can sign a voluntary acknowledgment of paternity form, which is a legal document recognizing the man as the child’s father. This can typically be done at the hospital or later through a government agency.
  2. Court Order:
    • Paternity Lawsuit: Either parent or the child can file a paternity lawsuit to establish the legal father of the child. This can be initiated by the mother, the alleged father, or the state (often in cases involving public assistance).
    • Genetic Testing: If paternity is contested, the court may order genetic testing (DNA testing) to determine whether the alleged father is biologically related to the child.
  3. Presumption of Paternity:
    • Marital Presumption: In many jurisdictions, a man is presumed to be the legal father if he is married to the mother at the time of the child’s birth. This presumption can be rebutted by evidence to the contrary.

Rights and Responsibilities

  1. Parental Rights:
    • Custody and Visitation: Once paternity is established, the father has the right to seek custody and visitation. Courts typically aim to make decisions in the best interests of the child, which can involve joint or sole custody arrangements.
    • Decision-Making: Fathers gain the right to participate in significant decisions affecting the child’s life, including education, medical care, and religious upbringing.
  2. Parental Responsibilities:
    • Child Support: Establishing paternity creates a legal obligation for the father to support the child financially. Child support amounts are determined based on state guidelines, which consider both parents’ incomes and the needs of the child.
    • Health Insurance: Fathers may be required to provide health insurance for their children or contribute to medical expenses not covered by insurance.

Challenges and Considerations

  1. Disputed Paternity:
    • When paternity is disputed, genetic testing is a reliable method for establishing biological relationships. Courts rely heavily on the results of these tests to make determinations about paternity.
  2. Unmarried Parents:
    • Paternity issues are often more complex for unmarried parents. Establishing paternity is a critical step for unmarried fathers to secure their parental rights and responsibilities.
  3. Revoking Paternity:
    • In some cases, an acknowledgment of paternity can be challenged and revoked if new evidence (such as DNA test results) suggests that the acknowledged father is not the biological father. The process and time limits for challenging paternity vary by jurisdiction.

Legal Assistance

  • Paternity Lawyers: Legal professionals specializing in family law can assist with paternity issues, including filing paternity actions, navigating genetic testing, and addressing disputes.
  • Government Agencies: Many states have child support enforcement agencies that assist with establishing paternity, especially in cases where public assistance is involved.

Paternity law is a critical aspect of family law that ensures the legal recognition of a father-child relationship, conferring rights and responsibilities upon the father. Establishing paternity can be done voluntarily or through court proceedings, and it plays a fundamental role in matters of child support, custody, and visitation. Understanding the legal framework and seeking appropriate legal advice can help navigate the complexities of paternity law effectively.

Need a Family Lawyer in Scottsdale?

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INITIAL CONSULTATION

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Family Law, Father's Rights, Fathers Custody Rights, Fathers Rights, Fathers Visitation Rights, paternity law
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Fathers Rights During Pregnancy
Regular Post
Written by Canterbury Law Group

Fathers Rights During Pregnancy

The rights of fathers during pregnancy can vary depending on legal jurisdiction and the circumstances surrounding the pregnancy. In general, fathers typically have certain rights and responsibilities during pregnancy, including:

  1. Legal Paternity Rights: If the father is legally recognized as the child’s father, he may have certain rights regarding custody, visitation, and decision-making regarding the child’s upbringing. Establishing paternity can vary depending on the laws of the jurisdiction.
  2. Support Obligations: Fathers are typically obligated to provide financial support for their child, including during pregnancy. This can include expenses related to prenatal care and childbirth.
  3. Medical Decision-making: In some jurisdictions, fathers may have the right to be involved in medical decisions related to the pregnancy and childbirth, particularly if they are married to the mother or if paternity has been legally established.
  4. Emotional Support and Involvement: Regardless of legal rights, many fathers choose to be actively involved in the pregnancy and childbirth process, providing emotional support to the mother and participating in prenatal appointments and childbirth classes.
  5. Parental Leave: Some jurisdictions provide paternity leave or other forms of parental leave that allow fathers to take time off work to support their partner during pregnancy and to bond with their newborn child after birth.

Does A Father Have Rights To An Unborn Child?

The extent of a father’s legal rights to an unborn child can vary depending on jurisdiction and specific circumstances. Generally, fathers do not have legal rights to an unborn child in the same way that they do to a child who has been born. However, once the child is born, assuming paternity is established, fathers typically have rights and responsibilities related to custody, visitation, and support.

Before the child is born, fathers may have limited legal rights, but they may still have certain responsibilities, such as providing financial support for the mother’s prenatal care and childbirth expenses. Some jurisdictions allow fathers to seek custody or visitation rights before the child is born through legal processes such as paternity establishment or seeking court orders.

In cases where the father and mother are married or in a legally recognized partnership, the father may have more rights and involvement in decisions related to the pregnancy and childbirth. However, if the parents are unmarried and paternity has not been established, the father’s rights may be more limited.

Establishing Legal Parenthood For Fathers

Establishing legal parenthood for fathers typically involves a few key steps, which may vary depending on the jurisdiction:

  1. Voluntary Acknowledgment of Paternity: In many places, if the parents are unmarried, they can establish paternity voluntarily by signing a legal document called an Acknowledgment of Paternity. This document is typically available at hospitals, birthing centers, or vital records offices. Both parents must sign the document, and it is usually filed with the appropriate government agency to establish the father’s legal rights and responsibilities.
  2. Genetic Testing: If there is a dispute about paternity or if the mother disputes the father’s claim of paternity, genetic testing may be required. DNA testing can conclusively determine whether a man is the biological father of a child. Courts may order genetic testing if paternity is in question, and the results of the test can be used to establish legal parenthood.
  3. Court Order: In some cases, particularly if paternity is disputed or if one parent is unwilling to acknowledge paternity voluntarily, it may be necessary to seek a court order to establish legal parenthood. This typically involves filing a petition with the court requesting a determination of paternity. The court may order genetic testing and, if the results confirm paternity, issue an order establishing the father’s legal rights and responsibilities.
  4. Marriage: If the parents are married at the time of the child’s birth, the husband is typically presumed to be the legal father of the child. However, this presumption can be rebutted if there is evidence to the contrary, such as proof of infertility or evidence of another man’s paternity.

Once legal parenthood is established, the father typically has rights and responsibilities regarding custody, visitation, and financial support for the child. It’s important for fathers to understand their rights and obligations under the law and to seek legal advice if they have questions or concerns about establishing legal parenthood.

What Is A Father’s Financial Responsibility During Pregnancy?

A father’s financial responsibility during pregnancy can vary depending on factors such as legal jurisdiction, the relationship between the parents, and individual circumstances. However, some common financial responsibilities that fathers may have during pregnancy include:

  1. Medical Expenses: Fathers may be responsible for contributing to the costs of prenatal care, including doctor’s appointments, ultrasounds, lab tests, and medications. This can also include expenses related to childbirth, such as hospital bills and delivery costs.
  2. Health Insurance Coverage: If the father has health insurance that covers dependents, he may be responsible for adding the mother and unborn child to his insurance policy to help cover medical expenses related to the pregnancy and childbirth.
  3. Supporting the Mother: Fathers may be expected to provide financial support to the mother during pregnancy to help cover living expenses and other necessities. This can include contributing to rent or mortgage payments, utilities, groceries, and other household expenses.
  4. Childbirth Classes and Other Preparations: Fathers may be responsible for sharing the costs of childbirth classes, prenatal vitamins, maternity clothes, and other expenses related to preparing for the baby’s arrival.
  5. Unforeseen Expenses: Fathers should also be prepared to help cover any unexpected expenses that arise during pregnancy, such as medical emergencies or complications that require additional financial resources.

It’s important for both parents to communicate openly about financial responsibilities during pregnancy and to work together to ensure that the needs of both the mother and unborn child are met. In cases where the parents are unmarried or separated, legal agreements or court orders may be necessary to establish financial obligations and ensure that both parents contribute appropriately to the costs associated with pregnancy and childbirth.

Can You Not Tell The Father You Are Pregnant?

Deciding when and how to share such news can be a deeply personal matter, and there might be various reasons why someone may choose not to tell the father about a pregnancy right away. It’s essential to consider the circumstances and implications carefully.

If you’re in a situation where you’re hesitant to tell the father, it might be helpful to reflect on why that is and whether there are concerns that need addressing. Keeping such news from the father could potentially lead to complications down the road, so it’s essential to approach the situation with care and honesty, whenever you feel ready. If you need advice or support, don’t hesitate to reach out to trusted friends, family, or professionals who can provide guidance tailored to your specific circumstances.

Can You Have A Baby And Not Tell The Father?

Yes, it is possible for someone to have a baby and choose not to tell the father about the pregnancy or the child. There could be various reasons for this decision, such as concerns about the father’s involvement, personal safety, or other complex circumstances.

However, it’s important to consider the potential long-term implications of such a decision, both for the child and for the relationship between the child and the father. In many cases, maintaining open communication and transparency can lead to better outcomes for everyone involved, even if the situation is challenging.

If you’re considering not telling the father about a pregnancy or a child, it might be helpful to seek guidance from trusted friends, family members, or professionals who can offer support and perspective on your specific circumstances.

After the baby is born, you are not entitled to make decisions regarding the child if you are not the biological parent or do not have custody. However, if you have sole or joint legal custody, you are in a position to decide on important aspects of their upbringing. Create a newborn custody agreement to specify the responsibilities of each parent. Make use of a parenting plan template as a reference. It can be drafted while you are pregnant, and once the baby is born, the court can approve it.

Signing Over Parental Rights Of An Unborn Child

Signing over parental rights of an unborn child is a complex legal matter and the specifics can vary greatly depending on jurisdiction. In many places, it’s not possible to sign over parental rights to an unborn child because legal parental rights generally come into effect after the child is born. However, there might be options for relinquishing parental rights after birth through processes like adoption or termination of parental rights.

If you’re considering such a step, it’s crucial to seek legal advice from a qualified attorney who specializes in family law. They can provide guidance on the relevant laws in your jurisdiction and help you understand your rights and options. Additionally, it’s important to consider the potential emotional and practical implications of such a decision, both for yourself and for the child. Talking to a counselor or therapist can also be beneficial in navigating these complex issues.

Father’ Rights In Abortion

The topic of fathers’ rights in the context of abortion is complex and intersects with legal, ethical, and social dimensions. Here’s an overview of the key aspects:

Legal Perspective

  1. Current Legal Framework:
    • In most jurisdictions, the legal right to decide whether to have an abortion resides with the pregnant woman. This stems from the recognition of bodily autonomy and privacy rights.
    • The landmark U.S. Supreme Court case Roe v. Wade (1973) established the constitutional right to privacy, which includes a woman’s right to choose to have an abortion. This decision was modified by the 2022 case Dobbs v. Jackson Women’s Health Organization, which returned the power to regulate abortion to individual states, but did not explicitly grant fathers any decision-making power.
  2. Paternity Rights:
    • Fathers generally have rights concerning their children once they are born, including custody, visitation, and child support. However, these rights do not typically extend to decisions about abortion.
  3. State Variations:
    • Some states have attempted to introduce laws requiring that fathers be notified of or consent to an abortion, but these have generally been struck down as unconstitutional.

Ethical and Social Considerations

  1. Bodily Autonomy:
    • The principle of bodily autonomy supports the idea that individuals should have control over their own bodies, which includes making decisions about pregnancy.
  2. Parental Responsibilities and Interests:
    • Some argue that fathers should have a say in abortion decisions because they have a stake in the potential life of the child. However, this interest is often seen as secondary to the pregnant woman’s bodily autonomy.
  3. Relationship Dynamics:
    • The dynamics of the relationship between the parents can also affect opinions on this issue. In some cases, men may feel they should have a say, especially if they are in a committed relationship. Conversely, in situations involving abuse or coercion, giving fathers more rights could endanger the pregnant woman.

Advocacy and Movements

  1. Men’s Rights Groups:
    • Some men’s rights groups advocate for increased paternal rights in abortion decisions. They argue for equal say in the decision-making process or at least for fathers to be notified.
  2. Reproductive Rights Groups:
    • Groups advocating for reproductive rights typically emphasize the importance of protecting women’s autonomy and ensuring access to abortion without additional hurdles, including mandatory notification or consent from fathers.

The rights of fathers in the context of abortion remain a contentious issue. While fathers have significant rights and responsibilities regarding their children post-birth, the prevailing legal and ethical frameworks prioritize the pregnant woman’s right to make decisions about her own body. This balance reflects broader principles of bodily autonomy and privacy, even as debates continue about the appropriate roles and rights of fathers in these deeply personal and complex decisions.

Can A Father Stop A Pregnant Mother From Moving?

The ability of a father to prevent a pregnant mother from moving depends on various legal and contextual factors. Generally, it is difficult for a father to legally stop a pregnant mother from relocating, especially before the child is born. Here are key points to consider:

Legal Context

  1. Rights During Pregnancy:
    • Autonomy of the Pregnant Woman: During pregnancy, the legal rights of the mother over her body and movement are typically prioritized. Courts generally do not impose restrictions on a pregnant woman’s right to move or relocate.
    • Legal Status of the Fetus: In many jurisdictions, a fetus does not have separate legal rights independent of the pregnant woman. Consequently, the father does not have legal grounds to control the movements of the pregnant mother based on the unborn child’s interests.
  2. Post-Birth Considerations:
    • Custody and Visitation Rights: Once the child is born, both parents’ rights and responsibilities come into play. If the mother moves before the child is born, custody and visitation arrangements will be established based on the location of the parents at that time.
    • Impact on Custody: If a mother relocates during pregnancy and the father wishes to be involved in the child’s life, the distance may impact future custody and visitation arrangements. Courts generally consider the best interests of the child when making these decisions, which includes maintaining relationships with both parents.

Factors Influencing Court Decisions

  1. Best Interests of the Child:
    • Courts prioritize the best interests of the child when making custody and visitation decisions. They consider factors such as the child’s stability, the parents’ ability to cooperate, and the child’s relationship with each parent.
  2. Mother’s Reason for Moving:
    • If the mother’s relocation is motivated by valid reasons (e.g., employment opportunities, support from family, safety concerns), courts may view the move more favorably.
  3. Father’s Involvement:
    • The father’s level of involvement and commitment to the child can influence court decisions. Demonstrating a desire to be actively involved in the child’s life can be a significant factor.

Practical Considerations

  1. Communication and Cooperation:
    • Open communication and cooperation between parents can help manage the implications of a move. If possible, discussing and negotiating terms that consider both parents’ roles can lead to more amicable arrangements.
  2. Legal Advice:
    • Both parents should seek legal advice to understand their rights and obligations. Family law attorneys can provide guidance specific to their jurisdiction and circumstances.

Before the child is born, it is generally challenging for a father to legally prevent a pregnant mother from moving. The mother’s autonomy and the absence of separate legal rights for the fetus support her freedom to relocate. However, once the child is born, custody and visitation arrangements will consider the best interests of the child, which may include maintaining relationships with both parents. Communication, cooperation, and legal counsel are crucial in navigating these situations.

Child Custody & Parenting Time, Custody Terms, Divorce attorneys Scottsdale, Father's Rights, Fathers Custody Rights, Fathers Rights, Scottsdale Divorce, Sole Child Custody
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Regular Post
Written by Canterbury Law Group

Supervised Visitation

The noncustodial parent may only see their child under the supervision of another adult during supervised visitation. It helps to maintain the parent-child bond while keeping the child safe. Also, it ensures that during visits, the custodial parent is aware of the child’s whereabouts.

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Supervised exchanges, which shield parents from one another and shield children from witnessing conflict, are not the same as supervised visitation, also known as supervised contact, supervised parenting time, and similar terms.

If supervised visitation is required, the parenting plan will include a court order for it. In order for the supervised visits to take place, the parents might also need to set up a visitation schedule.

When might supervised visitation be required?

  • A parent has abused the child physically, sexually, or emotionally.
  • One parent has experienced emotional, sexual, or physical abuse at the hands of the other parent.
  • A parent is struggling with substance abuse.
  • An untreated mental illness in a parent endangers the child.
  • One of the parents could abduct or kidnap the other.
  • A kid has been neglected by a parent
  • After being gone from the child’s life, a parent wishes to establish a relationship with them.
  • Have there been any instances of potentially hazardous family dynamics?
    Supervised visitation is frequently a transient arrangement that, should the noncustodial parent fulfill certain conditions, can result in unsupervised visitation. For instance, in order to be granted unsupervised visits, the noncustodial parent might have to take an anger management course, get counseling, or submit to six months of clean drug tests.

The operation of supervised visitation

The terms of the supervised visits will be outlined in the court order if the judge determines that your child would benefit most from supervised visitation.

The location of the supervised visits may be mandated by the judge. For the duration of the visits, a monitor will be in the room with the noncustodial parent.

A social worker or someone similar may be assigned by the judge to go with the child to the noncustodial parent’s house (or other agreed-upon location). Throughout the entire visit, the assigned monitor will accompany the child and then give them back to the custodial parent.

If the participant is willing and the parents can agree on a person, the judge may permit a friend, relative, or acquaintance to serve as the monitor for supervised visits. Should you choose this course of action, you must evaluate the individual’s dependability and credibility.

Including supervised visitation in your custody arrangement

Make sure to use precise language that eliminates any possibility of misunderstanding when drafting your parenting plan to include supervised visits. Try to be as detailed as you can.

A lawyer can draft language that the judge will accept if you hire them. Make use of technology to eliminate uncertainty when creating your own plan.

Immediately after a judge signs your plan into a court order, the supervised visitation requirements under it can be legally enforced.

Plan out your timetable. Obtain a formalized parenting plan. Make a parenting time calculation. Have everything documented so you’re ready.

Do I Need an Attorney to Enforce Father’s Rights?

State laws differ when it comes down to the visitation rights of a father. Because cases involving family law can be time-consuming, exhausting, and emotional, it is highly advisable that you talk with an attorney near you. A knowledgeable and experienced family law lawyer can guarantee that your rights to visitation are protected, and can assist with any other issues that involve your case.

Source: Tipton, Sarah. “Visitation Rights for Fathers.” LegalMatch Law Library, 14 Aug. 2018, www.legalmatch.com/law-library/article/visitation-rights-for-fathers.html.

Read More About:

What Are The Chances Of A Father Getting Full Custody?

Child Custody Battles Between Unmarried Parents

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Child Custody Laws In Arizona

Speak With Our Father’s Rights Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Father's Rights, Fathers Rights, Fathers Visitation Rights
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Regular Post
Written by Canterbury Law Group

Grounds to Deny a Father Visitation Rights

The old tradition of one parent having physical custody and the other parent having visitation rights still exists today, but many courts are moving toward joint custody arrangements after divorce. This is especially true while your divorce is still ongoing and if one parent has moved out of the marital home – judges don’t like to upset a child’s present situation needlessly, so the parent who moves out might end up with visitation rights instead of joint custody until the divorce is finalized. Under certain circumstances, a court may deny visitation, but a custodial parent cannot do so on her own.

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Court Grounds

Courts seldom deny visitation entirely, if at all, particularly in a provisional order while a divorce is still pending. Visitation may be denied after a trial during which custody is litigated as part of the divorce, but this would typically be the result of critical circumstances. As an example, in the state of Illinois, the statutes state that a parent has a right to acceptable visitation unless it can “endanger seriously” the child, either physically, mentally, morally, or emotionally. The appellate court in Illinois ruled in 1987 that even sexual abuse of the child was not grounds for denying visitation to a non-custodial parent since the court hadn’t adequately established that the abuse happened. Grounds for an absolute revocation of visitation must typically be grievous and verifiable beyond a doubt.

Supervised Visitation

Even though the courts are slow to deny visitation overall, they’re more inclined to order supervised visitation when contact with a parent might jeopardize the child. Supervised visitation includes a 3rd party being present to watch over the contact and protect the child if needed. California courts are willing to order this type of agreement for different reasons, especially regarding a likelihood of parental kidnapping, a drawn-out estrangement between child and parent, or in domestic violence cases. Illinois courts have arranged supervised visitation if the parent suffers from a type of mental illness, and Alaska will order them in cases of domestic abuse, but only if the parent has taken steps toward recovery. Alaska is a state that will refuse visitation when a parent has a domestic violence record.

Custodial Parents’ Rights

If you have major concerns in regard to your child’s safety, you’re not helpless. You can deny visitation on an individual basis due to an emergency, but you may need evidence to safeguard yourself from contempt of court charges if you do. As an example, if your spouse comes to pick up your child for visitation and he’s clearly been drinking, you don’t have to let her to get into the car with him. However, you should call the police, so you will have a record of the occurrence that you can later provide to the court when you voice your concerns, whether at a temporary hearing or included in your divorce trial. Even though you don’t have grounds to deny visitation completely, you can petition the court and ask a judge to do it for you. The burden of proof is always on you to establish that visitation is likely to harm your child, so you’ll need testimony and records of incidents that threatened your child’s well-being and welfare when she was in your spouse’s care.

Rehabilitation

Even if the court arranges supervised visitation or is denied in your divorce decree, it doesn’t mean the circumstances will never change. A lot of states will allow a parent who has been denied visitation to restore his rights through effective parental rehabilitation. This may include anger management classes, drug or alcohol abuse therapy, or other intervention plans. As you can request the court at any time to stop visitation, your spouse can request to re-establish it if he can prove good cause.

Can Arizona Court Deny a Father Visitation Rights?

What Are Some Common Reasons a Parent Is Denied Visitation Rights?

When two parents are separated or divorced, the custodial parent occasionally prevents the non-custodial parent from employing his or her child visitation rights. If you are a non-custodial parent that has been denied visitation rights that you once had, there are some simple reasons why you were denied your visitation rights:

  • You’re a non-custodial parent and are not paying child support
  • Objection of other parent’s relationships, like a new mate
  • Drug and/ or alcohol abuse
  • Incarceration due to child abuse
  • Abduction fears
  • Religious belief differences
  • Child’s desires

If there is a custody order in effect, denying visitation is illegal and can have serious legal consequences for the parent who refuses visitation. In some jurisdictions, a custodial parent may deny visitation if visitation with the non-custodial parent would risk exposing the child to direct bodily injury or emotional abuse. In addition, the custodial parent must also take particular steps before denying visitation, like getting a hold of the appropriate authorities. This is only allowed in exceptional circumstances.

Sources

ARS 25-414 Violation of Visitation and Parenting Time Rights.” Stewart Law Group, https://www.arizonalawgroup.com/arizona-family-law-statutes/ars-25-414-violation-of-visitation-and-parenting-time-rights/

Bird, Beverly. “Grounds for Denying Visitation Rights.” LegalZoom Legal Info, 21 Nov. 2017, https://info.legalzoom.com/grounds-denying-visitation-rights-26246.html.

Speak With Our Father’s Rights Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Deny Visitation, Deny Visitation Rights, Fathers Rights, Fathers Visitation Rights, Visitation Rights
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Regular Post
Written by Canterbury Law Group

Child Visitation Rights For Fathers

In family law, the rights of fathers often involve a father’s visitation rights and the custody of his children.

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Though the laws of each state vary, fathers usually reserve their right to custody and visitation without exception. Issues like paternity tests or a child’s surname on the birth certificate are usually more state-specific.

A father’s right to visitation basically means that the biological father has the right to spend time with the child during a given time. In the case of divorce, a divorce decree defines the rights and responsibilities of each party at the dissolution of marriage. It encompasses many important facets of a divorce proceeding, including child support, child custody, and the father’s visitation rights.

Father’s Rights include:

  • The right to visit the children at a specified time
  • The right to plan activities with the children
  • The right to be free of the mother’s monitoring during visitation times
  • The right to spend the entire assigned time with the children, with no infraction
  • The right to a mandate to stop the mother from taking the children out of state
  • The right to revise the divorce decree

Revising the divorce decree usually happens when the visitation schedule needs to be changed, or if a party has a problem with the other due to an issue over the agreement.

Modification of Father’s Visitation Rights

Visitation rights are generally altered due to changing situations. If a party is moving, or a work schedule was altered a modification might be required. If the child’s requirements have changed, or a third party (a grandparent) is asking for the rights to visit, then the parents can propose the changes to the court prior to acting on a new agreement. If one party acts before the court’s approval, a violation of the visitation order may happen, followed by severe consequences.

Father’s Rights Enforcement

Visitation rights are not automatically granted to the father. If you’re looking to declare your visitation rights, be ready to endure a thorough examination by the court. Before appearing before the judge, it is a wise decision to talk with an attorney. The court may evaluate your relationship with your child, your overall mental health, and your background. Any history of criminal activities, cases of domestic violence, or abuse may also influence the court’s ruling, as can substance abuse allegations leveled against you.

Do I Need an Attorney to Enforce Father’s Rights?

State laws differ when it comes down to the visitation rights of a father. Because cases involving family law can be time-consuming, exhausting, and emotional, it is highly advisable that you talk with an attorney near you. A knowledgeable and experienced family law lawyer can guarantee that your rights to visitation are protected, and can assist with any other issues that involve your case.

Source: Tipton, Sarah. “Visitation Rights for Fathers.” LegalMatch Law Library, 14 Aug. 2018, www.legalmatch.com/law-library/article/visitation-rights-for-fathers.html.

Read More About:

What Are The Chances Of A Father Getting Full Custody?

Child Custody Battles Between Unmarried Parents

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Child Custody Laws In Arizona

Speak With Our Father’s Rights Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Father's Rights, Fathers Rights, Fathers Visitation Rights
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Regular Post
Written by Canterbury Law Group

What Are The Chances Of A Father Getting Full Custody?

If you are wondering what the chances of a father gaining full custody of his children are, keep reading to learn more about a father’s custody rights!

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“It seems so hopeless as a single father to get full custody of my kids.” “Do I have the same parental rights as their mother?” “Am I going into this at a disadvantage, or do I have to go to court?” These are real questions single dads across the U.S. are asking. Before you give up on getting full custody of your kids, here are the answers single dads need to know.

What Is The Difference Between Full Child Custody and Joint Child Custody

Full custody is commonly referred to as sole custody. Parents who want full custody rights need to know the differences between what full custody is and what joint custody is. In the end, most courts grant both  parents joint and equal custody of a child.

  • In a joint custody situation, parents share their physical and/or legal custody of their child.
  • However, in a full custody situation, only one parent has the sole responsibility for their children.

If The Father Is Single Can He Still Get Full Custody?

The courts consider it preferable for both parents to share custody of their children, there can be circumstances where the courts would consider granting full custody to only one parent. Additionally, the courts are not allowed to show any prejudice against fathers, so if they can show that they’re better suited as a parent, they do have the chance of getting full custody. But they should also be prepared for a difficult child custody battle if the child’s mother also plans to file for full custody.

Full Custody Right Factors Considered By the Courts

Those parents who want full custody rights should know what to expect prior to their court proceedings. A court will determine the following factors in deciding which parent should gain full custody rights:

Paternity: A father who is interested in gaining full custody of their child should have proven their paternity of the child. A father can establish paternity by signing the child’s birth certificate or by acknowledging paternity during paternity proceedings in court, or after court ordered genetic testing of both parrents’ DNA.

The father’s relationship with the child: A judge will examine the parent’s relationship with the child, prior to granting them full custody rights. The father should be prepared to answer questions regarding his relationship with the child during their child custody proceedings. A judge will also inquire about past regular visitation.

The child’s relationship with his/her mother: A court will be hesitant to interrupt a child custody arrangement that is working, particularly if the child’s mother is the principal caretaker of the child. For instance, a court would consider changing the custody arrangement if they feel the child is in danger, or if the child’s mother is suffering from a mental illness or if the child’s mother is taking drugs or abusing alcohol. A father who desires full custody of their child should be prepared to prove that a substantial  change in circumstances justifies a complete change in custody.

A father who wants full custody rights of their child should be aware that the courts will often offer ample visitation rights to the child’s mother, as the relationship with both parents is deemed to be in the child’s best interests. For more information about gaining full custody rights, fathers should refer to the child custody laws of Arizona and find additional sources about how they can gain custody of their child.

Source:

Washington, Debrina. “Can a Father Get Full Custody of a Child?” Verywell Family, Verywellfamily, 27 Sept. 2018, www.verywellfamily.com/how-can-fathers-get-full-custody-2997129.

Read More About:

What Rights Does a Father Have To See His Child?

Child Custody Battles Between Unmarried Parents

Child Custody Rights For Mother’s

Family Law & Child Custody Information

Tips For Fathers Trying To Get Custody

Tips For Fathers Going Through Divorce In Scottsdale

Understanding Parenting Time Under Arizona Law

Child Custody Laws In Arizona

Speak With One Of Our Divorce Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. You can trust us to represent you fully, so you can get on with your life. Call today for an initial consultation! 480-744-7711.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Fathers Custody Rights, Fathers Rights
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