During divorce proceedings, couples often have numerous questions they need answered before determining several aspects of their new lives. One of the most crucial components of divorce proceedings for couples with children is the division of parenting time as well as how involved both parents will be in the child’s life once both sides agree to the terms of a divorce.
Determining what visitation and parenting time will look like after a divorce will require both sides to negotiate a parenting plan. Of course, each side will want to negotiate for a deal they believe is fair and in the child’s best interests. Typically, couples and their lawyers work to set terms of a parenting plan during mediation. The skilled child custody attorneys at The Valley Law Group can help you negotiate a parenting plan, and we’ve created this brief guide to explain everything you need to know about the process.
What Is Child Custody and Parenting Time?
You may be familiar with the terms legal and physical custody to describe the decisions regarding which parent the child will live with and which parent is responsible for making legal decisions for the child. These used to be terms in Arizona up until 2013. Now, the state uses the terms parenting time for physical custody and decision-making rights for legal custody.
Parenting time refers to who is caring for a child in their home at any given time. A person designated parenting time has the responsibility to take care of the child and keep them warm, fed, and clothed. They also must ensure a child gets to school on time and attends any appointments they may have. While one parent may retain 100% of parenting time, the Arizona Family Court typically aims to have both parents involved in their child’s life.
Decision-making rights involve which parent or parents can make important life decisions about raising a child. These decisions can range from determining what kind of medical care a child gets to what school they will attend. If both parents share this right, they will have to agree on any big-picture decisions required for raising a child.
Developing a Parenting Time Plan
When a couple files for divorce while having a child together, the court requires them to establish a parenting plan. This plan should outline parenting time, decision-making rights, and a visitation schedule for the non-custodial parent in the event that one parent retains all the parenting time.
Both sides should begin by drafting a preliminary parenting plan with their respective attorneys. This outline should detail how they want to divide parenting time and decision making rights as well as what their goals look like. Then, the two sides should meet in mediation to examine the other’s position and begin the negotiation on what each component of the plan, such as visitation, may look like.
If the two sides cannot agree on aspects of the plan in mediation, they can allow the court to make the final decision. If the two sides do agree, a judge must still approve the parenting plan. The state outlines the factors the court will consider while making this decision in A.R.S. 25-403.
Some of the factors a judge may look at when determining a visitation schedule include:
- The child’s wishes
- The parent’s wishes
- Who has spent the most time with the child before the divorce
- The physical and mental health of both potential caregivers
- Where each parent lives after the divorce
- Proximity of both parents after the divorce
- Any allegations of abuse, violence, or neglect
- The economic situation of both parents
We often receive questions regarding whether a parenting plan is final or if the parents can opt to modify the agreement. If there has been a major change in one or both parent’s lives, such as moving to a new house, new financial hardships, or health changes, the court may agree to modify a parenting plan. Either parent can file a petition to ask the court to consider an amendment to the document.
What Do You Need To Include in a Parenting Plan?
While you will have some latitude on how to construct a parenting plan, there are several requirements Arizona has for couples on the terms and conditions of the document.
Some of the elements that must be present in your parenting plan include:
- Written Outline – You must have the document in writing for both parents and the court to view as needed.
- Parent’s Rights –The plan should outline which parent has the right to make decisions for the child and which parent may make which decisions.
- Visitation Schedule – The plan should outline the schedule both sides will follow regarding parenting time and visitation. It should also explain how the parents will transfer the child between themselves, including the location and transportation used to reach the location. This schedule should also consider holidays and vacations.
- Instructions for Communication – Both parties must agree to terms regarding the plan for communication about the needs of the child and any other pertinent information.
Arizona Parenting Time Schedule Guidelines
In Arizona, a couple can set up any parenting time schedule they would like depending on their availability, living arrangements, and work schedule when crafting a parenting plan. However, the state has created a list of 14 possible plans for parents to choose from if they want to follow a template.
The plans from Arizona range from shorter visitation-style situations where one parent may have three periods during the week where they can see the child for a few hours to more equitable parenting time plans where both parents will have an equal amount of time with the child.
The state’s templates also give recommendations for the appropriate ages when these plans are most effective. For instance, the state says younger children need more stability and longer periods with one parent. Older children, according to Arizona’s guidelines, can handle more time away from the primary parent’s home.
When determining how much parenting time is appropriate to schedule with your child, you should consider speaking with a skilled parenting time and child custody attorney. An attorney can help you determine what you want and what you think is best for your child and create a parenting plan that suits your needs.
Understanding the Importance of Child Visitation Rights
Maintaining visitation rights isn’t just beneficial to the parent who gets a chance to see their child on a defined schedule; it also has benefits for the child. In general, Arizona family courts operate under the assumption that children can benefit from spending time with both parents, even if one parent is unable to have them live in the same home. Knowing why you should be seeking visitation rights will make it easier to negotiate with the other party or allow you to better advocate for yourself in front of a judge.
Defining Visitation Rights
Visitation is time a non-custodial parent spends with their child on a regular basis. More rarely, these visits can also apply to grandparents or stepparents, depending on the outline of the parenting plan. Visitation often includes meeting at a neutral location, spending time with the child at the other parent’s house, or welcoming the child into your house for a weekend or holiday.
You’ll have to define the schedule and terms for visitation in your Arizona parenting plan. If you and your spouse fail to agree, you leave the schedule in a judge’s hands in the form of court-ordered child visitation.
Whether a judge orders it or you have outlined visitation terms in a parenting plan, the schedule is legally binding. If the other party attempts to deny you the right to see your child, you should speak with a lawyer about pursuing court enforcement of the plan.
How Does Visitation Benefit Children?
Even if one parent is handling the bulk of the parenting time and the decision-making in a child’s life, there are still benefits to the other parent remaining in the child’s life through regularly scheduled visitation.
Some of the benefits for the child include:
- Consistency – Most people work well with a regular schedule where they know what’s coming the next day. Kids are no different, and maintaining a schedule should be comfortable and predictable for your child’s life.
- Stability – Keeping visitations regular will add a sense of stability to your child’s life, even as things constantly change around them. Even though they are moving into a new phase of their life, they can maintain the knowledge that they will see their other parent at a set time, and it gives them something to look forward to during the week.
- Continuity – Your child’s living situation will be changing after a divorce, and they won’t be familiar with the new status quo. Keeping a presence in your child’s life allows you to keep a sense of continuity with your child. You won’t have stretches where you and your child don’t see each other, and regular visitations allow you to keep up with new developments in your child’s life.
- Improved Self-Esteem – If one parent is absent from a child’s life, they may feel a lack of self-confidence and abandonment in the situation. Maintaining regular visits can prevent them from wondering why their parent doesn’t want to see them.
- Building Trust and Confidence – Your child will likely be feeling many disparate emotions after their parents finalize a divorce, but having regular visits will allow you to build trust and confidence with your child. Your child will know they can count on you to remain a fixture in their lives no matter what the future holds.
- Building a Relationship – Your child’s life and personality will change throughout their developing years, and being in their lives consistently allows you to build a strong relationship that can last into adulthood.
Keeping a regular visitation schedule also has benefits for the custodial parent. Giving them time alone can allow them to catch up on tasks they may not be able to do as easily when caring for their child. Visitations will also help with maintaining a strong co-parenting relationship that allows both parents to stay on better terms with each other.
Different Types of Child Visitation Rights
There are three main types of visitation in Arizona. These are:
- Standard – Likely what you imagine when someone describes child visitation, standard visitation allows one parent to take the child for a designated amount of time. It could be for a weekend or a few hours during the week. During a standard visitation, the parent is free to schedule any activity with their child within reason.
- Virtual – Your parenting plan may make arrangements for virtual visitation with your child if you aren’t physically close or can’t visit for other reasons. During virtual visits, you can chat online or over the phone with your child.
- Supervised – Supervised visits are typically something the court demands when one parent has a history of domestic abuse or may otherwise present a risk to the child. During one of these visits, a third party will monitor the situation to ensure nothing happens and everyone is safe and comfortable.
How To Make the Most Out of Your Visitation With Your Child and Planning for Parenting Time
It can be difficult to determine appropriate activities and even how to act during visitation with your child.
A few ideas to help you make the most of your parenting time include the following:
- Come with a plan – Have an idea of how to spend every hour and maximize your time with your child. Plan appropriate activities for your child based on their interests and age. This does not mean you need to have an activity planned for every minute of your time, as some unstructured time to talk and connect is important, too, but having a general outline for the day will be beneficial.
- Don’t neglect homework and duties – While it may be tempting to only plan fun activities during visitations, you should also schedule homework time and other responsibilities to encourage good practices and buy-in from your child. Having a balance between the two is beneficial to child development.
- Give your child space – If your child is coming over for a weekend, it will be beneficial to give them their own room. Having a designated space for your child allows them to feel more at home and safer while in your care.
Discuss Your Visitation Situation With a Lawyer From The Valley Law Group
Determining visitation and parenting time can be a difficult situation for any parent, as you are forced to adjust to a new way of interacting and spending time with your child. With the right parenting plan and some preparation on your part, you should be able to maximize your time with your child and build up the positive benefits for them, as well.
If it’s time to negotiate a parenting plan, determine a visitation schedule, or modify an existing one, The Valley Law Group can help. Our seasoned family law attorneys have been helping Valley area families achieve mutually beneficial parenting plans for decades. Contact us today for a free consultation.
*Editor’s Note: This article was originally published May 5, 2021 and has been updated February 9, 2024.
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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