Written by Canterbury Law Group

Understanding Parenting Time under Arizona Law

Parenting time is established via binding legal documents when spouses with children divorce. The goal of parenting time is to provide children quality time with both parents even when the parents no longer live together. Children are afforded the opportunity to spend time and build a healthy relationship with both parents. Read ahead to better understand parenting time under Arizona law:

Is Parenting Time Different from Custody?

Yes, the two are not the same. Custody largely establishes living arrangements for the child with one or both parents. Parenting time determines how much time a child can physically spend with a parent who no longer lives with him or her. The purpose of parenting time is to ensure that a child has contact with a parent even following a separation.

Parenting times are decided along with custody orders, so the two are related. Scheduling parenting time is an important part of a custody arrangement. The child will predominantly live with one parent even in cases of joint custody. So parenting time will ensure the other parent has enough time with the child to a reasonable extent. It’s important to note that it will be the child’s needs that the court will consider first when setting parenting time, not the parent’s desire to spend time with the child.

How is Parenting Time Granted?

A family court will determine or review parenting time set forth in a custody agreement. Under Arizona law, a parent has the right to have contact with a child in a reasonable manner following a divorce. However, parenting time is always subject to modification by the court. A judge can limit or outright deny parenting time if there’s any indication that the time spent together could harm the child in a physical, psychological, emotional or an immoral manner. To fully understand your right for parenting time, seek family law help in Scottsdale or your local area to have an attorney look at your case.

How Long Can Parenting Time be?

The length of parenting time granted will vary depending on the age of the child and stage of development. For example, a father may not be granted lengthy parenting time visits with a newborn or a mother with an older teen son. The time is largely decided on a case by case basis.

The courts and parents are also expected to follow certain guidelines set forth by higher courts and counties. If you live in Coconino, Maricopa, Mohave, Pima, Pinal or Yavapai counties in the state, there will be established guidelines for parenting time to follow. The Model Parenting Time Plans published by the Arizona Supreme Court are also intended to assist parents in establishing workable schedules. If the parents don’t agree on a schedule, the court will provide one.

Is Parenting Time Limited to Parents?

No. There are some cases in Arizona where grandparents or similar family relatives can seek parenting time with a child in a case.  However, a non-parent can only seek parenting time with a child if the child’s parents have divorced or if at least one parent is deceased or missing for three months in the least. The non-parent seeking parenting time must be considered a parental figure by the child to be granted such rights.

As mentioned before, parenting time is largely granted on a case by case basis. Your attorney is the best source for information about parenting time for your situation. Every case is unique.