Parenting time is one of the biggest issues that arises for couples no longer in a relationship. There are multiple facets to this issue and all must receive the proper attention from both parents. Visitation rights, legal custody and other matters must be decided for the best interests of the child. One issue that often comes up is how a parent receives a legal order to grant parenting time.
The court can grant parenting time. In general, parenting time will be decided at the time the parents legally separate or end the marriage. It can also be done when the parents are requesting a decision. There can also be an order for parenting time, if a parent begins a case to determine paternity — and even maternity — of a child or after there has been a voluntary acknowledgement of paternity.
When the case to legally separate or for dissolution, courts will automatically decide on parenting time and legal decision-making, if the parents are unable to come to an agreement on their own. Once there has been a legal separation or dissolution, the court can modify any parenting time orders. The parents have the right to ask, in writing, that the court decide on parenting time.
For parents who have parted ways, the child’s well-being is paramount. Part of that is ensuring there is a relationship between the parents and the child. Visitation rights can be complicated, and there are often issues between the parents that make it difficult. Understanding how the courts will address visitation and getting a legal order to mandate it is essential to a case. Having a lawyer who is experienced in all aspects of visitation is beneficial to everyone.
Source: AzCourts.gov, “Legal Decision-Making and Parenting Time — How do I obtain a legal order for parenting time? pages 17-18,” accessed on Aug. 15, 2017