How to Enforce Parenting Time in Arizona
Enforcing 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 to request parenting time and visitation enforcement.
An Arizona divorce decree with a child custody parenting plan should spell out any noncustodial parent visitation. It’s not uncommon for the custodial parent to deny access to the children wrongfully; 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 efficient way to get the parenting time you rightfully deserve restored.
What You Need to Do
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 schedule outlined in the court’s parenting schedule. If “good cause” is not found, the Court may do one of the following:
- Find the parent that is refusing to comply with contempt of court
- Order makeup 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 go to family counseling
Call our experienced Scottsdale and Phoenix Arizona child custody attorneys at Hildebrand Law, PC at (480)305-8300 if you have questions about enforcing parenting time in Arizona.