How Can an Arizona Child Visitation Attorney Help My Case?
If you are going through a divorce or separation, child visitation is a contested issue. Custody and visitation requires much thought and consideration. Often, the most devastating aspect of a divorce is the thought of not being able to see one’s children daily. Because it is a painful matter, you should carefully consider the circumstances and what is best for your children. You should also talk the matter over with an Arizona child visitation attorney as soon as you possibly can.
What Does It Mean to Not Be the Custodial Parent?
If you are determined to not be the custodial parent, that means that your children will spend most of their time with the other parent. You should understand that not being the custodial parent is not the end of the world. As the non-custodial parent, you will be given child visitation. The courts want to make sure that the non-custodial parent plays a significant role in the life of the children. There are many different things that can impact the amount of time that a parent spends with their children. A family law attorney that understands child visitation rights and child custody rights can determine how your specific situation fits into the law.
It can be damaging to wait too long to fight for visitation rights or more frequent visitation. The judge might wonder how important visitation is to you if you wait too long to pursue custody. You might delay seeking visitation rights because you might think you can come to an agreement with the other parent, but instead, it falls through. Your attorney will carefully review your situation and determine how to best proceed with your case. Several things are considered when a visitation case is considered by a court.
Things that are given consideration during an Arizona child visitation case:
- The length of time that elapsed before the non-custodial parent sought visitation rights through the court
- The living conditions at the home of the non-custodial parent
- How much time the non-custodial parent has spent with the children in the past
- If the non-custodial parent has had overnight time with the children
- If there has been a history of abuse involving the non-custodial parent
- The physical geographical location of the non-custodial parent, such as if they live more than 100 miles away or live out of state
There are some things that the court will not consider even if the custodial parent points them out. As an example, a court will not consider if the non-custodial parent has paid child support, whether the non-custodial parent is employed, and whether the non-custodial parent has remarried after the divorce.
What is the Difference Between Joint Custody and Sole Custody When It Comes to Child Visitation?
In recent years, sole custody and joint custody meanings have become more relaxed. The major difference is that the parent who is the residential parent with sole custody has the right to most of the everyday decisions without having to talk to the other parent. These decisions might involve extracurricular activities or dental care. Regardless of whether it is joint custody or sole custody, both parents play a role in major life decisions for the children, such as educational decisions, religious matters, or serious medical decisions.
Regardless of whether you are the non-custodial parent in a situation with sole custody or joint custody, you still have visitation rights for your children. Courts usually want to grant visitation to the non-custodial parent in as much time as possible. However, when visitation schedules are being set up, several things are considered, such as geographic location, school district, and many other things just so the child’s schedule is not affected. Consult with an Arizona child visitation attorney today.