FAQ

The term “parenting time” in Arizona is essentially  the same thing as  the term “visitation” in many other states. Arizona previously referred to the time spent by the parents with the children as visitation. However, because of changes in the Arizona Revised Statutes, the Courts now use the term “parenting time” regarding the times that each parents is to have the children.  Time with the children legally designated for grandparents or other ‘non-parents’ that qualify for legal time with the children  is still called visitation, i.e. grandparent visitation or third-party visitation.

If you and the other parent agree on the parenting terms, the Court will generally approve your parenting plan so long as you comply with the procedural requirements. If parenting time is disputed, sometimes the parents are ordered to share equal parenting time. Sometimes one of the parents is awarded the majority of the parenting time. In extreme cases a parent may only be allowed supervised parenting time until he or she complies with Court orders.

Title 25 of the Arizona Revised Statutes sets forth the factors that the Court is supposed to apply in determining parenting time if the parties do not reach their own agreement. These factors are set forth in the sections starting with A.R.S. §25-401.  Such factors are based upon what the Court determines to be in the children’s best interests.

Contrary to popular belief, there are many different options that you have regarding custody (legal decision-making) and parenting time. Such options again focus upon what is in your children’s “best interests.”

If the parents can agree upon what is in the best interests of their children between themselves, the Court will generally adopt such agreement. We suggest that you always consult with an attorney with regard to parenting time and legal decision-making issues before entering into any agreements.

The term custody generally refers to “legal decision-making” and not parenting time.  The statute has been changed to eliminate the term custody and to use the term “legal decision-making” instead.

• Sole Legal Decision-Making: This is generally where one of the parents makes all of the important decisions regarding the children (i.e., decisions regarding education, medical, personal care).
• Joint Legal Decision-Making: This is where the parties make all important legal decisions together regarding education, health care and personal care. This can apply were the parties have equal parenting time. Or, this may apply where one of the parents may have more time with the children, but the other parent has equal rights with regard to decision-making. The parent with more time with the children is sometimes called the “primary residential parent.”  The Parenting Plan may provide that one of the parties make the important decisions after consulting with the other parent. The Parenting Plan may provide instead that the parties make such decisions together.
• Joint Legal Decision-Making with Final Decision Maker. This is a hybrid where the parties share joint legal decision-making, but one of the parents is basically given veto power over the other parent if they are unable to resolve the issues between themselves regarding education, health care or the child’s personal care issues.

If parties are unable to reach agreement between themselves (or with the assistance of their attorneys), there are various methods that a court may utilize or the parties may agree to in order to assist the Court in determining what parenting time or legal decision-making decisions are in the children’s best interests. Some of these options are discussed in the following FAQs.

The Court may order (but is not required to order) a Parenting Conference. The Superior Court provides certain programs to assist the Court in determining what is in the children’s best interests if the parties cannot reach an agreement between themselves.

The first step in a Parenting Conference is generally for a mental health provider or social worker to meet with the parents and attempt to explore an agreement. If an agreement cannot be reached, the mental health provider will interview the parents and may then interview the children. The mental health provider may contact other persons that have a significant role in the children’s lives (i.e., teachers, etc.). The mental health provider may then provide certain recommendations to the Court. Unlike mediation, the matters addressed during Parenting Conferences are not confidential and may be addressed to the court. There is a small charge to the parties for this service. A parenting conference may not necessarily result in full legal decision-making or parenting time recommendations and thus sometimes have limited use.

The Court may order, but is not required to order, a comprehensive family evaluation. This is where the Court assigns a private psychologist or other mental health expert to determine and to provide recommendations to the Court regarding legal decision-making, parenting time and other parenting issues.

These types of private comprehensive evaluations are generally more involved than Parenting Conferences and Limited Family Assessments. They often take longer than the other options. However, the mental health provider is required to do more as well. For example, the mental health provider (if a licensed psychologist) may provide for psychological testing of the parents. They may obtain documents from the parties and other sources (for example, prior counseling records, criminal records, etc.). They may interview the parties more often, and may interview the children more often. They may contact people involved in the children’s lives. They may also determine whether one of the parties is attempting to alienate the children against the other party.

Sometimes a Parenting Conference or a Limited Family Assessment is sufficient. Sometimes a comprehensive evaluation may be more helpful. Such evaluations cost generally between $5,000.00 and $10,000.00 or more. Sometimes the costs are divided equally or in some proportion. Other times, one of the parties is ordered to pay the entire amount.

A parent can request that legal decision-making or parenting time be modified. Sometimes a parent wishes a complete change in legal decision-making. Sometimes a parent just wants more parenting time with the children. You generally must wait one year after the last court order to change legal decision-making (custody) unless the children are or may be endangered physically or mentally, or unless the other parent has violated the Court’s parenting orders. This one-year requirement does not apply to minor changes in “parenting time.”

The Court generally requires at least some changed circumstances to modify its orders. Sometimes a change in parenting time or decision-making is warranted because the children want to live primarily with the other parent. Sometimes such change is warranted because of the children’s ages and changed needs. Sometimes parenting time needs to be changed because one of the parents has moved away. If the parties agree to such change, the Court will generally adopt any agreements. Again, the parents should consult with an attorney to make sure all necessary terms are covered.

In Arizona, a child’s wishes can always be considered regardless of their age.  However, the Court looks to the maturity of the child as part of its determination regarding how much weight to provide to the child’s desires. Just because a child favors one parent or prefers to live with one parent over the other does not mean that the Court will decide that this is in the child’s best interests.  Judges generally do not interview children although they have the discretion to do so. Judges generally prefer that a mental health expert provide information regarding the children’s wishes and circumstances. Judges will sometimes allow the parents to tell the judge what the children want; however, the judge may not allow such testimony if the other parent objects.

These are only a few of the major questions that our clients often ask. Bishop, Del Vecchio & Beeks Law Office is more than happy to answer any questions you may have during your consultation with us.

The first place to look regarding what “guidelines” apply are the Arizona Revised Statutes Title 25, Arizona Revised Statutes beginning with A.R.S. §25-410. These are more than just guidelines, but rather the statutes that the Courts are supposed to follow.

Maricopa County has previously published certain “guidelines” regarding parenting time. However, every case is different. These prior “guidelines” are not set in stone, nor do they state which parent (i.e., mother or father) should be considered the primary parent if either. Rather, the Court looks at what is in the children’s best interests. Sometimes it is best that one of the parents is the primary residential parent. Sometimes it is best if the parties have equal time.

Arizona Statutes provide that the courts cannot base its parenting time and decision-making orders upon a parent’s gender, i.e. there is no presumption in favor of mothers or fathers.  Read more about Arizona’s Parenting Time Guidelines.

Arizona statutes provide the presumption that parenting time orders should maximize each parent’s parenting time with the children and provide both parents with frequent and meaningful parenting time. Generally, the Court starts with the presumption that equal parenting time is in the children’s best interests unless and until it hears evidence that such is not appropriate under the circumstances. Parenting time options vary with the children’s best interests.  Nevertheless, the courts are required to evaluate what parenting plan is in the children’s best interests. Sometimes it is in the children’s best interests that one parent is the primary residential parent. This may be because the children are much closer to one parent, one of the parents abuses alcohol or drugs, or various other reasons as outlined by A.R.S. §25-403. If the parties agree to a parenting time plan, the courts will generally accept such agreement so long as all of the necessary terms are included in such agreement.

Arizona has statutes (rules) that set forth specific factors that the Court should address in deciding the best interests of the children. As stated above, these start at A.R.S. §25-401 et seq.  There are other factors, which may not be written in the statutes, but may be important. These factors include but are not limited to the following.

• The past, present and future relationships between each of the parents and the children.
• What the children want and why (if of suitable age and maturity).
• How the children get along with each of the parents and other family members, significant others, etc.
• How the children are doing in each household, and how they do in school and the community.
• Whether the parents use appropriate discipline and reinforcement.
• The mental health of each of the parents.
• The mental health of the children.
• The physical health of each of the parents.
• The physical health of the children.
• Whether the parents have any problems which effect the children’s best interests – For example – drug use, alcohol abuse, physical abuse of the children or the other parent, and criminal history in some cases.
• Which parent is more likely to work well with the other parent regarding parenting time and other issues.
• If psychologists or other mental health providers have been involved, the Court will consider recommendations from such experts.
• Whether one of the parties is attempting to alienate the children or is engaging in other inappropriate behavior.
• Whether there are events or factors which may endanger the children.

A Parenting Coordinator (PC) is a mental health expert, attorney, or other expert appointed by the Court after final parenting orders are entered. A PC can meet with the parties and attempt to resolve parenting issues as they arise. Examples of such issues are numerous; i.e., where the children go to school, the effect of new significant others on the children, continued communication problems between the parents, vacation and travel disputes, enforcement of parenting time issues, inappropriate parenting, parenting complaints, and essentially any other issues that directly or indirectly involve the children. Generally, a PC attempts to guide and assist the parents in reaching an agreement on how issues are to be addressed.

The PC is much more than a mediator however. The PC has the authority to make recommendations to the Court regarding the various parenting issues. A PC can be an invaluable resource to assist parties who are unable to communicate or resolve ongoing issues.

A PC generally does not have the authority to recommend significant changes in legal decision-making or parenting time. If a party desires an expert’s input regarding significant legal decision-making or parenting time changes, a comprehensive family evaluation, limited focus assessment or Parenting Conference may be appropriate.

Parenting Coordinators are only appointed if both parties agree to such appointment, and are appointed for a specific period of time (generally one year to begin with). If you and the other parent have ongoing issues, this may be an excellent alternative.

During your initial consultation with the firm, we can provide you with an estimate regarding what we believe you are entitled to receive for child support , or what you may have to pay depending upon the circumstances.

Whether you receive child support depends in part upon who has more parenting time with the child and how much parenting time the other party has. Child support is based upon Arizona Statutes and written guidelines. The amount depends on each parent’s gross income, childcare costs, medical and dental insurance for the children, day care or school costs, the children’s ages, whether the children have special needs, and other factors described in the Arizona Child Support Guidelines. The Supreme Court Child Support web page provides a child support calculator and additional general information.

There are a number of factors used by the court to determine what amount of child support to award in a divorce. Some of the factors the court considers include:

• The parent who has primary parenting time
• The income of each parent
• Costs associated with day care and education
• Health and dental insurance costs
• The age of a child
• Any special needs of a child

Visit Child Support Section

Support payments are received, recorded and processed by the Support Payment Clearinghouse:

Division of Child Support Enforcement (DCSE)
Support Payment Clearinghouse
P.O. Box 52107
Phoenix, AZ 85072-2107
(602) 506-3762

Note: Local Division of Child Support offices will also accept payments. Click here to view a list of the locations nearest you.

Parenting time is the time a child physically spends with a parent. It may include weekends, weekdays, holidays, or vacation time, depending on the schedule set by the court or agreed upon by both parties. According to the Arizona Department of Economic Security, parenting time can be for a few hours or several days, depending on the child’s needs.

Arizona recognizes three types:

• Sole legal decision-making.
• Joint legal decision-making.
• Joint with the final decision-making authority.

These determine who can make significant choices for the child.

The court uses a best interests standard, reviewing factors like each parent’s relationship with the child, home stability, mental and physical health, and any history of domestic violence.

The court uses a best interests standard, reviewing factors like each parent’s relationship with the child, home stability, mental and physical health, and any history of domestic violence.

Arizona courts may consider a child’s preference if the child is mature enough, typically around age 12 and older, though the final decision rests with the judge.

Parental alienation is taken seriously. Courts may order therapy, parenting time adjustments, or custody evaluations if one parent actively undermines the other’s relationship with the child.

As APA guidelinesoutline, these evaluations are used in high-conflict custody cases. A psychologist assesses each parent’s capacity to meet the child’s needs and may make recommendations to the court.

Only with proper notice and sometimes court approval. According to A.R.S. § 25-408, a parent planning to relocate a child more than 100 miles or out of Arizona must notify the other parent 45 days in advance.

Arizona allows modifications under A.R.S. § 25-411 when there has been a significant change, such as domestic violence, noncompliance with the order, or a harmful living environment.

Courts can impose fines, change custody terms, or require makeup parenting time. Violating a custody order can also affect legal decision-making authority in the future.

Yes, custody law in Arizona is detailed, and having an attorney can help you avoid costly mistakes and improve your chances of a favorable outcome.

An Order of Protection is a Court order that precludes the defendant from engaging in certain acts which may affect your safety or security. Such person may be precluded from contacting you altogether. Or, if you do not wish to preclude all contact, a person may be limited to only contacting you in writing, through your attorney, or by other selected mode of communication. It is common that an Order of Protection against the other parent may include the ability to communicate regarding parenting issues including dropping off and picking up the children. An Order of Protection may apply to specific locations such as where you reside, work, attend school, etc. An Order of Protection may grant the victim of domestic violence exclusive use and possession of the parties’ common residence, and the other party may be precluded from going to such residence altogether pending further Court order. The offending party may be ordered to do other things by the Court to help ensure the victim’s safety including surrendering his or her firearms and other weapons and may be ordered to complete a Court approved domestic violence program.

Orders of Protection are the most common type of restraining order in family law cases for the reason that they apply where parties are married, were previously married, resided together, have a child together, have had an intimate relationship, are related by blood, are pregnant by the other party, or have another type of relationship defined by statute. Orders of Protection are governed by Arizona Revised Statutes Sections 13-3602 et. seq. and the Arizona Rules of Protective Order Procedure.

An Order of Protection is a civil order (i.e. it is not a criminal proceeding). However, if the other party violates an Order of Protection, he or she is subject to criminal prosecution.

With certain exceptions, a person can request an Order of Protection at any municipal court, Justice Court or Superior Court location. The forms to obtain an Order of Protection are available at each of the described courts. However, if the parties are subject to a pending family law case (divorce, legal separation, custody proceeding etc.), the Order Of Protection must be filed with the the Arizona Superior Court.

You will generally be provided a hearing before the Court on the same day that you file your request for an Order of Protection. The first hearing will generally involve just you and the judge (unless you bring witnesses). During the first hearing, the other party does not have an opportunity to present evidence, and will generally not even know you are obtaining the order, unless and until he or she later requests a hearing after the initial Order of Protection is served upon him/her.

Once you receive your Order of Protection from the Court you will be given instructions on processing service of the Order of Protection on the other party through the Sheriff’s office.

A Petition for Order of Protection is generally filed by a party who has been or may be subjected to domestic violence, or by a parent, legal guardian or custodian of a minor who has been or may be subjected to domestic violence. It is important to note that “domestic violence” does not mean that a person has to be subjected to physical violence or that a person has to prove he or she was injured.

The Court needs to only have “reasonable cause to believe” that a person has engaged in domestic violence during the last year, or may engage in domestic violence, in order to issue an Order of Protection. If an evidentiary hearing is requested by the other party after an Order of Protection is issued, a preponderance of the evidence standard applies (i.e. the Court must find it is more likely than not that the events happened as alleged). Thus, a person should not necessarily be reluctant to seek an Order of Protection just because no one else witnessed the events. A person’s testimony by itself may be enough for the Court.

It is recommended that you be specific in your Petition for Order of Protection. A Court will not allow you to bring up additional matters during your testimony if they were not addressed in your written petition. There is generally not enough room on the forms provided to set forth all relevant information if you have experienced numerous acts of domestic violence. Thus, you may want to consider writing a separate “attachment” document prior to going to Court and attaching such document to your petition. Generally the Court only wants to know about domestic violence matters that have happened in the last year (365 days), but you are not precluded from including additional events on the petition if you believe they should be addressed.

You are not required to retain a lawyer to obtain an Order of Protection, or to defend yourself against one.

When initially obtaining an Order of Protection, the hearing only involves you and the Judge (unless you bring witnesses with you). The other party is not present. Thus, the need for an attorney is less at this stage. However, if the defendant requests a hearing, the considerations for at least consulting with a skilled family lawyer / divorce lawyer increase.

If the Order of Protection is against you, and if you desire to have the Order of Protection modified or dismissed, it is advisable to at least consult with an attorney. Although an Order of Protection is not a criminal matter, the repercussions for even minor violations of the order can be significant and may be prosecuted as a criminal matter. Moreover, employers and others may conduct public records searches regarding whether you presently have or have previously had an order of protection against you. In the modern world of technology and accessibility of information, challenging the Order of Protection may be very important to you and your future. As noted above, you generally only get one bite at the apple (i.e., if you represent yourself and lose you do not get another hearing). So, be smart and at least consult with a qualified attorney before requesting a hearing on the order of protection.

On some occasions, a party includes one or more children in the Order Of Protection. However, such an order is improper unless the Court has reasonable cause to believe that either:

1. Physical harm has resulted or may result to the child, or
2. The alleged acts of domestic violence involved the child.

Similar to other acts of domestic violence, mere threats are enough to obtain an Order of Protection. For example, if a parent threatens to hurt the children this should be enough for the Court to include the children on the Order of Protection.

An Order of Protection which affects a person’s parenting time is still valid and will control over the parenting time order pending further order of the issuing court or the Family Court.

It is generally not too difficult for a party to obtain an Order of Protection against another party for the reason that the Court has only heard one party’s version of facts at the time the order is issued. For purposes of this section, the alleged victim is referred to as the plaintiff, and the alleged wrongdoer is referred to as the defendant.

In order to get an Order of Protection modified or dismissed, the defendant must first file a Request for Hearing. Such hearings are generally scheduled within five to ten days. It is in the Court’s ultimate discretion whether to uphold the order after the hearing or to modify or dismiss the order.

The following are some areas that are often addressed during the hearing by (or on behalf of) a defendant in order to modify or dismiss an Order of Protection:

1. The allegations are false or exaggerated.
2. There is no objective evidence of the alleged acts other than the plaintiff’s testimony.
3. The parties subsequently engaged in romantic acts (in order to show that the plaintiff was not afraid of the defendant).
4. The plaintiff continued to contact the defendant despite the Order of Protection.
5. The plaintiff never called the police.
6. The plaintiff took a long time to obtain the Order of Protection (suggesting that the person was not afraid of the other person).
7. The Order of Protection was filed around the same time as the filing for divorce or another legal proceeding, thus suggesting that the plaintiff obtained the Order of Protection for strategy reasons.
8. The plaintiff is a dishonest person and has engaged in dishonest acts (including not telling the truth in obtaining the Order of Protection).
9. The plaintiff did not seek medical attention.
10. If children are included in the Order of Protection, establishing that the defendant has never harmed his or her children.
11. Both parties engaged in the altercation at issue, thus the defendant was justified in his or her actions (Note: This may lead to the dismissal of an Order Of Protection, or may give cause for both parties having their own individual Orders Of Protection against the other party).

If another party obtained an Order of Protection against you and you request a hearing and represent yourself without an attorney you may not get another chance to challenge the Order of Protection. Thus, it is important to at least consult with a qualified attorney before going to such hearing. In addition, an attorney may suggest that you have the case transferred to the Superior Court if there is a divorce or other pending family law case.

There are some circumstances that an attorney may advise you not to challenge the Order of Protection so that the divorce / family court can later modify the order around parenting time etc.

If the other party engaged in acts of domestic violence (or if the person “may” engage in such acts), you may request an Order Of Protection against the other party even if the other party has already obtained one against you.

In order to obtain your own Order of Protection, you will need to fill out and file your own independent Petition for Order to Protection. The evidentiary hearings on each of the parties’ respective Orders of Protection may be consolidated by the Court or may result in separate hearings.

Although a violation of an Order of Protection may result in criminal proceedings filed against an offender, the media regularly report domestic violence incidents despite such orders. If you feel that the other person may violate the Order of Protection (or if he or she has violated such order), you should call the police and alert them. You should consider providing a copy of your Order of Protection to your employer, your apartment manager, your children’s school and other places you commonly frequent. You should also keep a copy of the Order Of Protection with you at all times. You should take whatever additional lawful measures possible to protect yourself and your loved ones. The State Of Arizona provides shelters and other services for victims of domestic violence.

The domestic violence that led to you obtaining an Order of Protection may also constitute a crime. Criminal enforcement mechanisms may be more effective than merely obtaining an Order of Protection. Thus, in addition to obtaining an Order of Protection, you should consider contacting the police and asking that charges be filed with regard to any domestic violence or violations of an Order of Protection.