Logo
Call Now(480)305-8300

Supervised Visitation in Arizona | Voted “Best of the Valley”

Posted on : January 25, 2016, By:  Christopher Hildebrand
Child Custody During an Arizona Divorce

Supervised Visitation in Arizona

Basis for Supervised Visitation in Arizona

Supervised Visitation in Arizona.

Supervised Visitation in Arizona.

The Arizona Court of Appeals considered the issues presented by the case of Hart v. Hart. Michael Robert Hart (Father) was granted sole legal and primary physical custody of the minor children he shares with Kari Rose Hart (Mother) with an additional order that Mother’s time with the children is supervised. At the time of the divorce in 2003, Mother was awarded sole legal custody and primary physical custody of the children, followed by her remarriage and relocation with the children to Texas in 2005, Father’s relocation for 6 months to be near the children in Texas, Father’s return to Arizona after not finding steady employment, Mother’s separation from her new husband and subsequent move to an apartment with the children (that resulted in a change of schools).

Father filed a petition for mediation seeking physical custody of the children in June 2007 followed by a petition to modify custody. He also filed a petition for temporary orders allowing the children to remain with him in Arizona to start school. The subsequent hearing was continued until August 14, 2007, and the children were returned to live with their Mother in Texas in August. The court then concluded that it would be in the children’s best interest to live with Father in Arizona and for Mother to have supervised parenting time during summer and school breaks.

Mother filed a motion for reconsideration arguing that there was a lack of evidence and that the court failed to present findings regarding relevant factors. The court denied the motion without comment. After her motion was denied, Mother appealed the order. In making a custody decision, the court is required to consider the factors that are enumerated in Section 25-403(A) in regards to the best interests of the children. In a contested custody hearing, the court must make specific findings regarding all relevant factors and the reasons that make it in the best interests of the children (Section 25-403(B)). Failure to make the necessary findings equates to an abuse of discretion.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.

Arizona Child Custody Factors and Supervised Visitation in Arizona

The Arizona Court of Appeals, in reviewing the decision of the family court did not find reference to any of the ten enumerated factors required to be addressed. Relevant facts are noted, but no findings of fact are made regarding the applicable factors, including:

  • The wishes of both children and parents regarding custody;
  • The interaction and relationship between children and each parent (and in this case, paternal grandmother as Father lives in her home and will rely on her to provide care);
  • The adjustment of the children to home, school, and community;
  • The physical and mental health of the children and the parents;
  • Which parent is more likely to provide frequent and meaningful contact with the other parent;
  • Which parent has a history of providing primary care for the children;
  • The presence of coercion and/or duress in obtaining a custody agreement; and
  • Whether there were any false reporting of child abuse or neglect.

The family court did not document the weighing of statutory factors with findings as required. The Arizona Court of Appeals must consider the possibility that, had the trial judge done so, it may have resulted in a different outcome.The Arizona Court of Appeals also found that the order for supervised parenting time on the part of Mother was based (per court documents) on the best interest of the children. Per Section 25-410(B), the order for supervised parenting time must be based on more than the best interest test. The trial court expressly stated the standard it used to support its decision to order supervised parenting time was because it was in the best interests of the children; which is the wrong standard of proof.  Instead, the trial judge was required to make a finding that unsupervised access placed the children at risk for serious harm before a trial court may order a parent to have supervised visitation with his or her children.

The Arizona Court of Appeals vacated the custody and supervised parenting time orders and remanded the case back to the family court trial judge to issue additional findings of fact and conclusions in accordance with Arizona law.

Call us at (480)305-8300 to schedule your personalized consultation with one of our experienced Phoenix and Scottsdale Arizona child custody attorneys.

Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
A Google User
A Google User
20:31 20 Sep 17
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
A Google User
A Google User
21:41 07 Nov 17
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Google User
Google User
14:58 04 Oct 17
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
A Google User
A Google User
16:03 22 Nov 17
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
A Google User
A Google User
22:14 28 Jun 17
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
A Google User
A Google User
18:16 18 Sep 17
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
A Google User
A Google User
19:22 23 Aug 17
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
A Google User
A Google User
17:44 23 Jun 16
I retained Hildebrand Law after interview a number of firms in the valley. Working with Michael C. was incredibly easy and informative. My case progressed in such a organized and thought out way to ensure that my needs were met. Michael was incredibly proactive and was able to see far ahead into my case to steer clear of some roadblocks. I would not hesitate to recommend Michael Clancy, and Hildebrand Law in general, to anyone.
Bassam Ziadeh
Bassam Ziadeh
21:20 02 Apr 18
I have worked with Hildebrand law for about 8 years. They are always ready to serve, provide guidance and give you a few options. When they provide you options they also take the time to walk you through the pros and cons of each and give you a recommendation of what is best, but will listen to you and support whatever course you choose after making and educated choice. I’d recommend them to my closest friends and feel Chris Hildebrand is now a friend to me.
Larry Flint
Larry Flint
21:53 27 Feb 18
Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.
Sam Franchimone
Sam Franchimone
22:09 12 Sep 13

Related Blogs – What’s Hot