Parenting Time & Visitation
For parents, the term “visitation” has been replaced with the term “parenting time.” Parenting time is the child’s schedule with each parent per week, month, and year, including school breaks and holidays. There are many different parenting time schedules as each family is unique. The court will consider each parent’s work schedules, the children’s school and activities schedule. Sometimes the location of each parent’s home can impact the parenting time schedule if distance or transportation is an issue.
The primary consideration for the court and parties will be to create a parenting time schedule that is in the best interest of the child and provides significant, meaningful and continuing contact between parents and child, if appropriate and feasible. One of the more common schedules is known as a 5-2-2-5 plan. Each parent will have the child for 5 consecutive days and then alternate for 2 and repeat. This allows the child to spend significant quality time with each parent without going back and forth between homes too often. For more information about child support, you can go to the child support page.
To estimate what your child support payment would be, you can visit the Child Support Calculator.
The parenting time schedule directly impacts the calculation of child support and the amount paid. If the child is spending significant time with each parent, the calculator presumes each parent is paying their share of the ongoing care and needs of the child. Since each parent is providing shelter, food, clothing, etc., while the child is in their care, child support costs would be less. If, however, one parent has the child most of the time and is primarily responsible for the costs associates with raising a child, the less active parent would pay more in child support to assist with those ongoing child rearing costs.
Are parenting time orders modifiable?
Yes, parenting time orders can be modified in Arizona under certain circumstances. The court may modify an existing parenting time order if there has been a substantial and continuing change in circumstances that affects the best interests of the child.
The Court must review any request to modify a parenting plan to ensure it complies the Arizona Law, specifically A.R.S. §25-411. Examples of circumstances that may warrant a modification of parenting time orders in Arizona include:
Relocation of one or both parents
Changes in work schedules or job location
Changes in the child's needs or schedule
Substance abuse or domestic violence issues or other safety issues
The child's preference (if the child is of a certain age and maturity)
If you want to modify a parenting time order in Arizona, you must file a sworn and verified petition with the court and provide enough detail as to why the modification is necessary. If you fail to provide the necessary information, which is submitted to the court under penalty of perjury, the request may be denied. Additionally, if the Court determines that the filer made the request in bad faith or to harass the other party, the Court could require the filer to pay the attorney fees and costs of the other party.
It is important to consult with an experienced family law attorney who can guide you through the process and help you achieve the best outcome for you and your child.