How to Enforce Visitation for Non-Custodial Parent
The Scottsdale Arizona child custody attorneys at Hildebrand Law, PC with to help you enforce visitation for a non-custodial parent in Arizona. Now, the divorce is final and you were issued your final decree. It included a detailed parenting time and visitation outline that both you and your ex agreed to follow or the court ordered. But now that there are no more court dates or hearings coming up on the horizon to discuss the best interests of the child, your ex is not adhering to the parenting plan as agreed and you need to enforce visitation as a non-custodial parent. What can you do about it?
How to Enforce Visitation for Non-Custodial Parent in Arizona
It is fairly common for a custodial parent to deny visitation to the non-custodial parent during designated times for visitation in direct conflict with the Court’s order. It’s also common for arguments between parents to lead to one parent engaging in what is referred to as parental alienation. In other situations, one parent will fall behind on child support payments and the other parent will respond by withholding access to the child in direct opposition to the Court order. These are examples of violations of Arizona state law.
Once the Petition to Enforce visitation for the non-custodial parent has been filed and served on the parent in violation of the Court order, the court will hold a hearing. The court will review the noncompliance of the parent to the Court ordered parenting time agreement in place. The court may find that there is not sufficient or “good cause” to refuse to comply with the parenting time schedule as ordered by the Court and will enforce visitation for the non-custodial parent. If so, they may order make-up parenting time, require the violating parent to attend additional education classes or family counseling, order a civil penalty, or may transfer primary physical custody to the non-custodial parent who was denied visitation.
If you feel that your visitation or parenting time rights are being withheld from you unlawfully, contact Hildebrand Law. We have extensive Arizona family law experience and can assist you in enforcing parenting time for a non-custodial parent.