How to Enforce Parenting Time in Arizona
When your divorce is final, the court will issue a divorce decree. Your divorce decree outlines the details of your parenting plan. If at any time after the divorce, parenting time and visitation as ordered by the court is not being followed by your ex-spouse, you should contact your Arizona divorce attorney in order to request parenting time and visitation enforcement.
An Arizona divorce decree with a child custody parenting plan should spell out any non-custodial parent visitation. It’s common for the custodial parent to wrongfully deny access to the children; refusing to comply with the Court’s order for parenting time with the non-custodial parent. In some cases, former spouses will find themselves in the midst of an argument that escalates to the point of one parent engaging in parental alienation or purposefully withholding the children during the other parent’s parenting time. In a lot of cases, one parent will fall behind in child support payments and the other parent will retaliate by denying access to the child. This is also a violation of Arizona divorce law.
If you feel that you are being denied your visitation or parenting time rights wrongfully, get in touch with your Arizona family law attorney. Discussing the details of your situation with an experienced divorce lawyer is the most effective way to get the parenting time you rightfully deserve restored.
How to Enforce Parenting Time in Arizona | What You Need to Do
How to Enforce Parenting Time in Arizona:
When the court’s order regarding parenting time is being violated, a Petition to Enforce visitation or parenting time should be filed. A hearing will be scheduled at which time the noncompliance with the court’s orders can be reviewed. The Court could find that the violating party had “good cause” to refuse to comply with the parenting time schedule outlined in the court’s parenting time schedule. If “good cause” is not found, the Court may do one of the following:
Find the parent that is refusing to comply in contempt of court.
Order make-up parenting time to be provided for the time missed with the child.
Order the parent in violation of the court’s order to attend parenting education classes.
Order the parent in violation of the court’s order to attend family counseling.