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Articles and Info

Things You Should Know about Custody and Parenting Time

This article provides general information about custody and parenting time. Questions about specific situations should be discussed with an attorney.

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by: Arizona Supreme Court, Court Services Division


Model Parenting Time Plans for Parent/Child Access

Raising children presents challenges for all parents. The following information will help parents reach agreements about parenting time (access) with their children.

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by: Arizona Supreme Court, Court Services Division


Where to Find an Attorney for Specific Legal Advice

 All Legal Services programs in Arizona differ, and their criteria for accepting cases vary as well. Find out what programs are available and where to go for asssistance. More »


Questions

Question: My daughter has left her husband of 9 years and moved in with an abusive man. I am her father and had been her 3 year old son's full time sitter for his whole life. Now the father is not providing visitation for me. What forms do I need to petition for grandparent visitation.
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Question: If there is no prior visitation order, and I need to file one, but I live in AZ and the child lives in IL, where do I need to file, AZ or IL?
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Question: Been divorced for 4 years now. We have 50/50 shared custody. My 14 year old daughter is refusing to go back to her dads as he mentally abuses her. I can not force her to go. Will I be in contempt of court if she doesn't not go back to her dads? She has been seeing her school counselor and she knows all the mental abuse she has been going through. She even cuts herself over it. Please help.
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Question: My son is 11. My son doesnt want to visit his father as often as outlined in the agreement, because his doesnt feel comfortable at his fathers house. He comes home very upset after his visits, because his father talks bad about me, according to my son, every day. He says speaking up wont help, because he wont simply stop for an hour or two and then continue again.Can he choose not to see his father as oulined in the parenting schedule? And if so, how should he/we take go about it?
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Question: My ex recentley moved in with his girlfriend. He is refusing to give me his new address. I don't feel comfortable sending my kids for 5 weeks without knowing where they will be. Do I have to send them if he refuses to give me his address?
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Question: My son's biological father has visitation every other weekend. If he is out of state when it is his time for visitation, do I still have to take our son to see his wife (my son's step mom) or can I keep him at my house until his father returns? My son's step mother does not have visitation rights.
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Question: How do I apply to change my visitation rights to see my children? I am court ordered to them on specific days but, I am not able to see them on those days. I want to know how to go about revising my visitation rights where do I start and how do I do it?
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Question: my child is 3. ex has never provided child support or medical help. even after being ordered to do so 12/09. ex is on/off drugs. rarely showed up to visitations. child and i have had orders of protections (expired 5/2011) against him for violence towards myself in past. many other acts of violence were made on his part, regrettably i never reported them. he is being investigated by cps involving another child who has been hurt. but no charges against him yet. it is an ongoing investigation. i fear dearly for my child's and my own safety. what are my chances of getting his rights removed?
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Question: I have court order establishing visitaion from Texas. However, I recently moved to AZ where my son lives. I want to modify the order. Should I go through the AZ or TX courts? What do paperwork do I need to file? I can not afford a lawyer.
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Question: eI have a parenting plan that has been in place for some years now, my child is about to be 5 which is school age. How can I get a modification of just the parenting plan or will i have tso modify child custody and visitation? Are there any forms that I can file myelf? I dont mind how the custody arrangement was set in place or child support years ago, i just need an order that states the parenting time needs to be changed because the child has reached school age. When school starts in August and I dont honor the order in place bc child cant miss school, will i have my rights taken away?
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Question: I'm sepporated from ex. She moved to Florida with the children. She was told by the court she would have to pay to send the kids to NY. She recently said she will no longer send them unless I pay for them to come. Ive taken her to court for breaking the court order before. Nothing seems to work. She also never lets me speak to the kids on the phone and now its been about 6mths since Ive spoken to them. Im tired of fighting. If I give up my rights as there parent do I still have to pay child support. She no longer wants me in their lives just wants me to pay child support.
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Question: My son and both jail, the maternal grandmother was given custody of their two children by CPS. do I as the paternal grandmother have the right to file for custody? if so, what are my chances of getting custody?
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Question: tHow much rights does a non-cusodial if we haven't gone to court for visitation.
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Question: I would like to know the law regarding children visiting family members outside the state. i understand that a parent can't take a child out of state without the others permission, but can children go visit family members without the other parent standing in the way/ My ex prevented my children from visiting HIS family over the winter vacation, because he would not give consent and told everyone that they would be violating a court order if they went. is that true or can the children leave the state if they are not with a parent/
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Question: What are grandparents rights?
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Question: I am representing myself in court in regards to visitations and I am needing to subpoena records from my childrens therapist for the hearing in January. How do I do this?
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Question: my wife asked me to leave the house 9 months ago. We now live in 2 different counties. She is very controlling of the time that i can spend with my daughter. So, I would like to go to court in order to let them set up some sort of visitation with my daughter for me, something more concrete than just my ex's wims and how she's feeling on the days I want to see my daughter. How do I go about filing for visitation rights. Please help- I am missing my daughter terribly and I know I should be able to see her. Thank You
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Question: I am 19 years old and I have a 13 year old sister. We have the same mother but different dads. Her dad is an alcoholic and our mom is homeless and uses drugs. I want to gain custody of my sister. My mom will probably fight me on this. How do I go about getting custody of my sister?
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Question: My children's father is a registered sex offender, and was awarded supervised visitation in May 2009. He paid for two visits in July 2009. As of September 25, he has three warrants out for his arrest and is considered an absconder. He is running from authorities. I would like to make the family court aware of the situation and change the supervised visitation that was awarded in May 2009. What steps should I take? How do I Petition the court for a status conference?
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Question: My husband of 14 years abandon my daughter and I and moved out of state without warning. I am getting ready to file for divorce. My daughter, who is 13, states that she does not want to have any visitation with her father of any kind. She is willing to state that in court or in writing or whatever is required. She is determined to have no communication with her father. Is there an age where a child can make this decision for themselves? She is not fearful of him she just wants nothing to do with him since he abandon her.
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Question: My ex-husband uses communication with our children to continue being verbally abusive to me. He also will not keep to set times that we agreed upon for parenting time. I have the children 5 days/week. What do I need to do to get a third party to handle communication and exchanges regarding our children? I do not want my ex-husband to be able to contact me or know where I live. How do I coordinate an order of protection/injunction against harassment with the local Court with a Supreme Court action (3rd party to handle interactions with the kids)?
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Question: i already pay child support on my daughter.i am some times allowed to see her and other times im not. i need help locating the form to file for parenting time in yuma county.i keep finding the forms for other counties but none for yuma county.
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Question: how old does the minor have to be to choose to stop vistation in arizona
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Question: My 15 year old daughter moved back to live with me just over a year ago. My ex and I went to court to change custody and he was awarded 57 days of visitation. I drive my daughter 5 hours to where he lives so she has the opportunity to see him. She does not want to stay at his house because his new wife is verbally and emotionally abusive. He always knows when she is in town and he refuses to see her if she doesn't stay at his house. Do I have to force her to stay with him if I know what she has to go through there? Am I in contempt of court if I do not force her to stay at his house?
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Question: My granddaughters are 13, 12, and 10. Their father is a truck driver and has called them insisting that he is coming to get them for the summer. They have told him they do not want to go with him. He said they have to. Can these girls be forced to go with him? He has no residence, he lives in his truck, eatting and bathing in truck stops. He calls only now and then, sometimes not for six to eight months depending if his current "woman trucking companion" will allow it. Right now he is between women, his last one facing jail time for Shop Lifting. The girls can not afford a lawyer. thanks
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Question: I have sole custody of my daughter. A person, I lived with at one time, received in locus parentis rights and received parenting time with my child. Does this person have to get my permission to vacation out of state with my child or can she take the child anywhere she wants without my permission?
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Question: If the other parent has not completed the parent information class that was required to be completed by 6/24/2007 do they still get their visitation rights? The paperwork said if not completed then reasonable sanction pursuant to A.R.S. 25-353.
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Question: I recently fieled Oder of protection against my exhusbands new wife. My children go to the school where she works. This makes it so I can not go to the house or thiere school to pick up my children on my days to get them. My ex will not meet me anywhere for me to get my children. What do I do, what are my options?
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Question: In 2003, my husband's girlfriend moved to AZ from IN. They had a daughter together born Feb. 2003. My husband has been court ordered to pay AZ courts because the mother of the child is currently receiving assistance from TANF. My husband has been told that he must get a attorney to establish visitation rights. My question is does the attorney have to practice law in AZ? We also cannot afford an attorney. What can we do?
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Question: My ex is not complying with the courts order for visitation. I am supposed to see my child every other weekend and this hasn't ever happened since my divorce was final in Aug of '06. Is there anything legal I can do about my situation.
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Question: My husband and I are in the process of getting a divorce. Right now, I have sole custody of our 3 1/2 year old son. My ex has visitation. Our orders do not state a plan for holiday visitation and we did not agree on one. Do I have a right to keep my son on holidays?
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Question: My ex-husband sent me a letter from prison, telling me he hired a lawyer to get a judge to ORDER me to take our 2 kids to see him. I have sole custody, and I had told him that i am not going to take them to a prison to visit him. When he was out, he never put any effort to see our kids, he only does this when he's in prison. Is is possible for him to get a court order to force me to take the kids to see him in prison?
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Question: My decree states that my ex-husband has supervised visitation. The person who was supervising was my mother, who recently passed away. There is no other family member or friend that can do the supervising. We have tried to have me supervise but we end up fighting during the visit. Will the court supervise or is there a program that will supervise?
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Question: I just filed an Enforcement of visitation and now the other party is willing to grant me visitation. Since we are in total agreement how do I let the Judge know? It says on the document that if we come to a agreement we have to let the courts and judge know.
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Question: I have supervised visitation with my children until my oldest daughters therapist says I can have unsupervised. Well my children's father has not been taking them to therapy and won't let me talk to them on the phone and refuses to work with me is that legal?
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Question: Is there a law in AZ that says a child of divorce doesn't have to go see his parent that he doesn't live with. Also, when I have my children for the little amount of time that I do, is it right that my ex-spouse is always trying to communicate with the children while they are with me? I only have them for a few days a month? The calls are just how are you type thing.
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Question: My ex-wife has sole custody of our kids. She constantly uses it to her advantage. We have arranged time for me to have the kids but if it doesn't benefit her she will make it very difficult. I want to have a very set time for which we have the kids and I want to be able to have more imput in decisions regarding the kids. I need to get joint custody. What would be the first steps to do this?
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Question: I have been divorced for 10 years. My 12 year old daughter recently told me her dad was driving drunk and ran off the road with her in the car. She didn't tell me until she returned after their visit. What should I do? He would take it out on her if I confront him, but I need to protect her. This isn't the first time he has driven her after drinking.
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Question: I have a DO case through Pinal County.. My ex husband is over 30days past do on his child support, which is $1380.00 a month for 2 kids.. He keeps telling me the money has been sent and I have not received a dime!! Can I stop his visitation till he pays???
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Question: Where can I find a court approved parenting class?
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Question: If both parents agree to 50/50 custody and neither want to pay or recieve child support what is the law? Will one of the parents have to pay some amount?
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Question: i dont get to see my grandson he is almost 3 and I've only seen him mabe 10 times what can i do to get visitation?
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Question: My ex would like to take our two children to CA during a school week. We have two conflicting documents. The Parenting Plan For: Joint Custody with Joint Custody Agreement states as follows: B. (Bold) SUMMER MONTHS OR SCHOOL BREAK LONGER THAN 4 DAYS: (Unbold) The weekday and weekend schedule described above will apply for all 12 calendar months EXCEPT: Each Parent is entitled to a one week period of vacation time with the children. Each parent shall provide the other with 60 days notice of their proposed dates for vacation. If there is a conflict of dates, Father's schedule shall have preference in odd years and Mother's schedule shall have preference in even years. I am assuming this means he can only take the children on vacation during summer months or school break longer than 4 days. .... and the Consent Decree of Dissolution of Non-Covenant Marriage With Minor Children states the following: Custody and Parenting Time ... h.Vacation. Each parent shall be entitled to one additional week of vacation with the children in each year. Each parent shall provide the other with 60 days notice of their proposed dates for vacation. If there is a conflict of dates, Father's schedule shall have preference in odd years and Mother's schedule shall have preference in even years. This document does not state anything about school. Which document prevails?
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Question: Are there any type of communication laws, guidelines,(w/ the mother) that are necessary for when I have my children during my parenting time?
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Question: Can I request to get custody of my daughter through the court if 1. her mother cannot support her, she doesn't have a job. Her mother is also not following the court orders regarding visitation.
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Question: Is there specific paper I need to move out of state after a divorce where I have received sole custody of the children
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Question: My husband and I are getting divorced and have 4 children under the age of 12. We have not been able to reach an agreement on custody and temporary orders  included that joint physical custody be granted. In addition, there are "parentling evaluations" scheduled . What is a "Parenting evaluation" and what kinds of questions should I expect? Will there be an opportunity for me to provide the evaluator with inforation? Thank you!
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Question: My ex wife and I have been divorced for 18 months and it involved two kids. Our divorce decree and final agreement is filed in Rogers County Oklahoma. I now live in Arizona and have since the separation in May of 05. This summer my son came to visit and he has been asking his mom if he could live here and she gave me written and verbal permission that he could and now he has been here for 3 months with the agreement that we would modify the final agreement and child support. He is enrolled in school and school activities and after school activities and is doing very well. She is now wanting him to come back to Oklahoma and I want to file documents to keep her from doing this........can I do it here in Arizona or does he have to be here for a certain amount of time? Where can I go to get more info on the net?
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Question: My girlfriend and I have two children together. I would like to gain custody of them since she has been experiencing mental health issues and cannot take care of the children.  I cannot afford a lawyer and have been told I cannot leave the state without her permission and was also told since the children's birth certificates establish I am the father and that they have my last name I can relocate with them. I can't get a straight answer !
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Question: I was never married to my sons biological father who happens to be an illegal immigrant. Paternity and child support have been established by the court and I have sole legal custody. The Order states that father is not to pick up child from daycare. How do I enforce this?
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Question: Please describe what the courts look at for "best Interest for the child". Do they take into account what the child(ren) want?
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