As legal decision-making issues are ordered/settled, parenting time rights will also be awarded.
In dissolution and paternity cases it is Arizona’s Public Policy that it is in a child’s best interest to spend substantially equal time with both parents, unless there is evidence to the contrary. Our State Legislature has set forth by statute certain factors that the courts must consider in determining a child’s best interests. If either parent is shown to have had issues with substance abuse or domestic violence, the courts must consider that evidence as not being in the child’s best interests. In addition, other facts and situations give cause for concern, too many and too detailed to raise in this brief narrative.
Effective 1-1-13, the State Legislature made effective our state’s revised Parenting Plan Statute. With that substantial overhaul of our former “custody statutes” the courts now require the drafting of a detailed parenting schedule that leaves no doubt about the frequency of parenting time, the days and times of pickup and return, and holiday/vacation schedules, a procedure and frequency for communications about the child or children, etc.
Courts generally consider the wishes of the child when reviewing parenting time issues. A child’s wishes may be granted but it will be dependent on the child’s age and maturity level, as well as what the court concludes is in the child’s best interests. Some parents have the opinion that after a certain age children decide where they will reside. That is probably correct . . . that age is eighteen (18) years. Until then, the child’s wishes is only part of what the court takes into consideration; however, it is true that the older a child becomes, depending on the child, the greater the value and weight the court will give to his/her wishes.
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The professionals at the Law office of Kent Lee, PC represent individuals throughout Peoria, Glendale and the surrounding communities of Maricopa County, Phoenix, Surprise, Anthem, Arrowhead, El Mirage, Avondale, Tolleson, Buckeye, Sun City, Sun City Grand, & Sun City West.
If you need legal representation pertaining to parenting time, the Law Office of Kent Lee, PC can help. Please feel free to call (623) 889-7760.
