Domestic Violence and Parenting Time in Arizona | Hildebrand Law, PC
Table of Contents
A family court must decide whether a parent presents a danger to a child. If so, it must protect the child by limiting that parent to supervised parenting time. A court that grants such a parent unsupervised parenting time abuses its discretion. In Campbell v. Stephens– 1CA-CV 15-0830 FC, the Arizona Court of Appeals discussed this issue. This decision is listed as not precedential and cannot, therefore, be cited as authority.
Facts of the Case
Mr. Stephens and Mrs. Campbell had one minor child born in 2007. Their child lived with Mrs. Campbell and his older half-sibling until September 2012. At that point, the child’s school noticed that he was covered in bruises.
The Department of Child Safety (“DCS”) removed both children from Mrs. Campbell’s care. The child was placed with Mr. Stephens. Mrs. Campbell admitted that both she and her then-husband had beaten the child with a belt as a punishment. She was convicted of class six felony child abuse. The court placed her on probation for ten years, beginning February 22, 2013.
In December 2012, the family court ordered that Mrs. Campbell not have parenting time with the child. It gave Mr. Stephens sole physical custody and legal decision-making authority. In May 2014, Mrs. Campbell filed a petition to modify, seeking joint legal decision-making and reasonable parenting time. Mr. Stephens agreed that supervised parenting time in a therapeutic environment might be appropriate.
The trial court and the parties attempted to set up therapeutic intervention sessions and family therapy. However, they were unable to make the necessary arrangements.
Mrs. Campbell eventually met with the child and his counselor twice—in March and September 2015. On October 8, 2015, the family court heard Mrs. Campbell’s petition to modify. She had regained custody of her older child, divorced her husband, and completed domestic violence training as part of her probation.
She testified that her two visits with the child went well. She also acknowledged the child’s counselor suggested she make bi-monthly appointments as part of the reunification therapy.
Mr. Stephens wanted to continue the reunification therapy for the child before Mrs. Campbell was awarded either supervised or unsupervised parenting time. However, the family court awarded joint legal decision-making. It also awarded Mrs. Campbell supervised parenting time for seven hours a week.
The court further ordered that, after approximately three-and-a-half months, Mrs. Campbell’s parenting time would become unsupervised. It directed that beginning June 5, 2016, the parties would share equal parenting time. Mr. Stephens appealed.
Under Arizona statutes, the court shall not award joint legal decision-making if it finds the existence of or a history of significant domestic violence. Before granting Mrs. Campbell joint legal decision-making, the court was required to consider whether such an award was precluded under A.R.S. § 25-403.03(A).
The court made no specific findings of that here. The Court of Appeals vacated that portion of the order. It remanded for the lower court to make appropriate findings of the applicability of § 25-403.03(A).
Mr. Stephens agrees that Mrs. Campbell should renew her relationship with the child in a therapeutic environment and some supervised parenting time. He objects to the quick transition to unsupervised parenting time to equal unsupervised parenting time.
Where a parent has committed an act of domestic violence, that parent is not automatically precluded from parenting time. Rather, that parent has the burden of proving that parenting time will not endanger the child.
However, the law specifies that the safety and well-being of the child are of primary importance. The statute requires the court to make specific findings as to all relevant § 25-403(A) factors and why parenting time is in the child’s best interest.
Here, the court did not make specific findings regarding § 25-403.03(F). Nor did it explain how it weighed the § 25-403 factors to conclude that unsupervised parenting time was in the child’s best interest.
Mrs. Campbell had the burden of proving that unsupervised parenting time will not endanger the child. Based on the trial court’s lack of detailed findings, it is not clear whether she met this burden.
In its order, the family court addressed the § 25-403(A) factors. However, its findings do not necessarily relate to the court’s conclusion that unsupervised parenting time was in the child’s best interests.
The court did not appear to consider the behavioral problems the child experienced after having contact with Mrs. Campbell. The trial court’s failure to specify the reasons why unsupervised parenting time is in the child’s best interest was an abuse of discretion.
Based on the evidence in the record, it appears that Mrs. Campbell did not meet her burden. She did not prove that unsupervised parenting time with no reunification therapy was in the child’s best interest.
The Court of Appeals vacated the family court’s legal decision-making and parenting time orders. It remanded the case for further proceedings consistent with this decision. On remand, any orders for supervised or unsupervised parenting time must be based on specific findings of the trial judge.
If you have questions about domestic violence and parenting time in an Arizona divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child custody or family law case around today.
More Articles About Child Custody in Arizona
- CHILD CUSTODY LAWS IN ARIZONA
- CHILD RELOCATION IS A MODIFICATION OF CHILD CUSTODY IN ARIZONA
- CALCULATING DISTANCE FOR CHILD RELOCATION IN ARIZONA
- CHANGE IN CIRCUMSTANCES FOR CHILD CUSTODY MODIFICATIONS IN ARIZONA
- EMERGENCY CHILD CUSTODY WHEN ARIZONA LACKS JURISDICTION
- HOW TO REGISTER A CHILD CUSTODY ORDER IN ARIZONA
- HOME STATE CUSTODY JURISDICTION WHEN A CHILD RELOCATES TO ARIZONA
- ARIZONA CHILD RELOCATION LAWS
- ARIZONA CHILD CUSTODY JURISDICTION: TEMPORARY VERSUS PERMANENT RELOCATIONS
- TEMPORARY VISITATION ORDERS FOR GRANDPARENTS IN ARIZONA
- CIRCUMSTANCES WHEN CHILD RELOCATION STATUTE DOES NOT APPLY IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND SOLE CUSTODY IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND CHILD CUSTODY MATTERS IN ARIZONA
- RAISING ALLEGATIONS THAT WERE RAISED IN A PRIOR ARIZONA CHILD CUSTODY CASE
- MULTI-STATE CHILD CUSTODY JURISDICTION IN ARIZONA
- SCHOOL CHOICE AND CHILD CUSTODY IN ARIZONA
- UNAUTHORIZED RELOCATION OF CHILDREN IN ARIZONA
- GRANDPARENTS CANNOT PREVENT CHILD RELOCATION IN ARIZONA
- WHEN ARIZONA’S CHILD RELOCATION STATUTE DOES NOT APPLY
- UCCJEA CHILD CUSTODY JURISDICTION IN ARIZONA
- MENTAL HEALTH RECORDS IN ARIZONA CHILD CUSTODY CASES
- FAILING TO ALLEGE A CHANGE IN CIRCUMSTANCES WHEN MODIFYING CHILD CUSTODY
- CHILD CUSTODY AND NARCISSISTIC PERSONALITY DISORDERS IN ARIZONA
- CHANGE IN CIRCUMSTANCES TO CHANGE CHILD CUSTODY IN ARIZONA
- MUTUAL ACTS OF DOMESTIC VIOLENCE AND CHILD CUSTODY IN ARIZONA
- PARENTING TIME WITH A NON-BIOLOGICAL CHILD IN ARIZONA
- WHEN A CHILD CUSTODY HEARING IS REQUIRED IN ARIZONA
- HOSTILE COMMUNICATIONS A BASIS TO MODIFY CHILD CUSTODY IN ARIZONA
- DUE PROCESS RIGHTS IN AN ARIZONA CHILD CUSTODY HEARING
- THIRD PARTY VISITATION WITH A CHILD IN ARIZONA
- SUITABLE NOTICE FOR AN ARIZONA CHILD CUSTODY HEARING
- MEANING OF HOME STATE JURISDICTION IN ARIZONA
- WHAT DOCTORS SHOULD KNOW ABOUT CHILD CUSTODY IN ARIZONA
- WITHHOLDING CHILDREN FROM A CUSTODIAL PARENT IN ARIZONA
- THE BEST CHILD CUSTODY LAWYER IN ARIZONA
- FALSE ALLEGATIONS OF CHILD ABUSE IN A CHILD CUSTODY CASE
- WHO GETS CUSTODY OF THE CHILDREN WHEN A DIVORCE IS FILED IN ARIZONA
- WHAT VISITATION OR PARENTING TIME SCHEDULES CAN JUDGES ORDER IN ARIZONA
- WHAT IS JOINT LEGAL CUSTODY AND JOINT LEGAL DECISION MAKING IN ARIZONA
- WHAT IS A PARENTING COORDINATOR IN AN ARIZONA CHILD CUSTODY CASE
- WHAT IS A CHILD CUSTODY EVALUATION IN ARIZONA
- WHAT HAPPENS IF A PARENT WANTS TO MOVE OUT OF STATE WITH A CHILD IN ARIZONA
- WHAT ARE THE CHILD CUSTODY FACTORS IN ARIZONA
- TEMPORARY CHILD CUSTODY IN ARIZONA
- RESTRICTIONS IN ARIZONA ON TAKING CHILDREN TO ANOTHER COUNTRY
- PRESUMPTION OF EQUAL PARENTING TIME IN ARIZONA
- DOMESTIC VIOLENCE PRESUMPTION IN ARIZONA CHILD CUSTODY CASES
- PREPARING FOR AN ARIZONA CHILD CUSTODY EVALUATION
- PARENTING TIME AFTER LOSING AN ORDER OF PROTECTION HEARING IN ARIZONA
- PARENTAL ALIENATION IN ARIZONA CHILD CUSTODY CASES
- PARENT INFORMATION PROGRAM CLASS IN ARIZONA
- LIMITS ON MOVING CHILDREN MULTIPLE TIMES IN ARIZONA
- JOINT CUSTODY AND SCHOOL DECISIONS IN ARIZONA
- HOW TO GET SOLE CUSTODY OF CHILDREN IN ARIZONA
- HOW TO ENFORCE PARENTING TIME IN ARIZONA
- HOW TO CHANGE A CHILD’S LAST NAME IN ARIZONA
- HOW TO MODIFY VISITATION OR PARENTING TIME IN ARIZONA
- GRANDPARENT CUSTODY AND VISITATION RIGHTS IN ARIZONA
- GETTING EMERGENCY CHILD CUSTODY ORDERS IN ARIZONA
- ENFORCING VISITATION AS A NON-CUSTODIAL PARENT
- DO COURTS FAVOR MOTHERS IN CUSTODY BATTLES
- ARIZONA COURTS CANNOT DELEGATE CHILD CUSTODY DETERMINATIONS TO AN EXPERT
- CONTESTING RELOCATION OF A CHILD WHEN YOU DO NOT LIVE IN ARIZONA
- CO-PARENTING AFTER DIVORCE
- CHANGING A CHILD’S LAST NAME IN ARIZONA
- CAN A PARENT WITH SOLE CUSTODY LIMIT ACCESS TO A CHILD’S MEDICAL RECORDS
- CAN A GRANDPARENT OR STEPPARENT BE AWARDED CHILD CUSTODY IN ARIZONA
- AFFIDAVITS IN ARIZONA CHILD CUSTODY CASES
- 5 THINGS TO KNOW ABOUT A BEST INTEREST ATTORNEY IN ARIZONA
- WITNESS PREPARATION IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- EFFECT OF CORONAVIRUS ON CHILD CUSTODY AND VISITATION ORDERS
- TEMPORARY ORDERS FOR GRANDPARENT VISITATION IN ARIZONA
- CAN A STEPPARENT BE HELD IN CONTEMPT FOR WRONGFUL DENIAL OF VISITATION IN ARIZONA
- INTERNATIONAL CHILD ABDUCTION AND CHILD CUSTODY IN ARIZONA
- CHILD ABUSE AND CHILD CUSTODY IN ARIZONA
- FREQUENTLY ASKED QUESTIONS ABOUT CHILD CUSTODY LAWS IN ARIZONA
- CUSTODY OF THE FAMILY PET IN A DIVORCE IN ARIZONA
- HOW TO GET CUSTODY OF A CHILD IN AN ARIZONA DEPENDENCY CASE
- JUDGES CANNOT REQUIRE A CHILD TO SEE A THERAPIST IN AN ARIZONA CUSTODY DISPUTE
- CALCULATING CHILD SUPPORT WITH SPLIT CUSTODY IN ARIZONA
- EXCLUDING EVIDENCE DISCLOSED LATE IN A CHILD CUSTODY CASE IN ARIZONA
- HEARING REQUIRED BEFORE DECLINING CHILD CUSTODY JURISDICTION IN ARIZONA
- FILING A LATE OBJECTION TO CHILD RELOCATION NOTICE IN ARIZONA
- CAN VISITATION WITH A CHILD BE REDUCED WITHOUT PRIOR NOTICE IN ARIZONA
- WHEN FINDINGS OF FACT ARE NOT REQUIRED IN AN ARIZONA CHILD CUSTODY CASE
- FINAL DECISION-MAKING AUTHORITY IN ARIZONA
- HOW TO PREPARE FOR A CHILD CUSTODY HEARING IN ARIZONA
- IMPORTANCE OF MEDIATING CHILD CUSTODY ISSUES IN A DIVORCE IN ARIZONA
- CHANGING CHILD CUSTODY IN ARIZONA WHEN A PARENT RELOCATES TO ANOTHER STATE
- WHAT IS A THERAPEUTIC INTERVENTIONIST IN ARIZONA
- DISMISSAL OF A PETITION TO MODIFY CHILD CUSTODY IN ARIZONA
- CAN A BEST INTEREST ATTORNEY TESTIFY AT A CHILD CUSTODY TRIAL IN ARIZONA
- CHILD CUSTODY AND CRIMINAL RECORDS IN ARIZONA
- FATHER AWARDED CUSTODY ON MOTHER’S MOTION TO MODIFY IN ARIZONA
- HOW TO PREPARE FOR A CHILD CUSTODY CASE IN ARIZONA
- CO-PARENTING WITH YOUR EX IN ARIZONA
- THIRD PARTY SEEKING EMERGENCY CHILD CUSTODY IN ARIZONA
- RIGHT OF FIRST REFUSAL IN ARIZONA
- SOLE LEGAL CUSTODY OVER MEDICAL DECISIONS IN ARIZONA
- BEWARE OF THE KNOWN DONOR IN STATES LIKE CALIFORNIA
- SAME-SEX MARRIAGE AND CHILD CUSTODY IN ARIZONA
- FAILING TO APPEAR FOR A CHILD CUSTODY HEARING IN ARIZONA
- PROHIBITING CONSUMPTION OF ALCOHOL AS A CONDITION OF PARENTING TIME
- JURISDICTION IS NECESSARY TO PETITION FOR VISITATION IN ARIZONA
- JURISDICTION FOR DEPENDENCY CASES IN ARIZONA
- GUIDELINES FOR SUPERVISED PARENTING TIME IN ARIZONA
- EXCLUDING TESTIMONY IN AN ARIZONA CHILD CUSTODY CASE
- RIGHT OF A GUARDIAN AD LITEM TO BE HEARD IN AN ARIZONA CHILD CUSTODY CASE
- CHANGING PARENTING TIME WHEN CHILDREN CHANGE SCHOOLS
- APPEALING DEPENDENCY ORDERS IN ARIZONA
- RIGHT TO NOTICE AND AN EVIDENTIARY HEARING IN AN ARIZONA CHILD CUSTODY CASE
- HABEAS CORPUS IN AN ARIZONA CHILD CUSTODY CASE
- JURISDICTION OVER A MINOR CHILD RESIDING OUTSIDE THE STATE OF ARIZONA
- DENIAL OF ADDITIONAL TIME TO PRESENT EVIDENCE IN AN ARIZONA CHILD CUSTODY CASE
- PARENTING PLANS IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- VISITATION RIGHTS OF A PERSON STANDING IN LOCO PARENTIS TO A CHILD IN ARIZONA
- MODIFICATION OF CHILD CUSTODY AND CHILD ABDUCTION IN ARIZONA
- TEMPORARY CHILD CUSTODY ORDERS IN AN ARIZONA DIVORCE DECREE
- CAN A STEPPARENT OBTAIN CHILD CUSTODY RIGHTS IN ARIZONA
- IN LOCO PARENTIS VISITATION WITH A CHILD BY A STEPPARENT IN ARIZONA
- BEST INTEREST STANDARD FOR THIRD PARTY CHILD CUSTODY IN ARIZONA
- ARIZONA CHILD CUSTODY DECISIONS CANNOT BE DELEGATED TO AN EXPERT
- USE OF THE UCCJEA IN DEPENDENCY CASES IN ARIZONA
- ARIZONA UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT STATUTES
- WHAT HAPPENS WHEN ONLY ONE SPOUSE ADOPTS A CHILD IN ARIZONA
As Seen on CBS News, ABC News, NBC News, and Fox News