questions & answers

Question: My children (14 & 17) just started overnights with their father. After a 9 month period where he didn't visit them at all. He has a live in girlfriend and 1 year old child with her. He is now in the habit of leaving my kids to babysit the 1 year old and go out with his girlfriend during his visitation. He and his girlfriend go out drinking. They have a domestic violence history (but more than 2 years ago) involving alcohol both times. Can I prevent this in any way? Isn't visitation supposed to be for my kids to spend time with their father, not babysitting his new kid until midnight/later?

Answer: It is possible to modify a custody and/or visitation order. Arizona statues often refer to custody and visitation as legal decision-making or parenting time. A person that is seeking to modify an order can requesting a hearing at a local court house that has jurisdiction over the case. Generally, a judge will decide a case of custody or visitation based upon what they find to be in the child’s best interest. A judge may look at factors such as the relationship of the child and the parent, the interaction between the child and parent, the mental and physical health of the child, if the child is of suitable age and maturity, the wishes of the child, and even the nature of pressure used by a parent in obtaining an agreement regarding legal decision-making or parenting time. A.R.S. 25-403. To find out how the law applies to a specific situation, contact an attorney directly.