Phoenix Lawyers Helping Families with Parenting Time Questions
A family going through a divorce has many different obstacles they may come up against. Oftentimes, parents find it challenging to come to agreements about these decisions when they are already at odds with each other. One of the critical aspects to think about is how the divorce will affect the lives of their children. While many people think the questions of child custody and child support are all that there is to resolve during a divorce, in fact, how to divide time between parents is an equally pressing matter that must be considered. This could quickly turn into a heated dispute between the parents that can sometimes require litigation. When you and your spouse end your marriage, you’ll want someone on your side who can help navigate the tricky details of legally establishing parenting time and visitation of the children. Such an important matter shouldn’t be left up to chance or to anyone without lots of legal experience. Our talented attorneys at The Sampair Group are ready and able to help you solve the matter of parenting time in as quick and easy a manner as possible and with the right results for you.
What Factors Will Be Considered in a Parenting Time Case?
As long as children are considered minors – under age 18 – the decision lies with the court as to which parent will have custody of the child. However, having custody is different from having a parenting time or visitation schedule. Custody means the child lives with and is the responsibility of the parent, and while a parent may not be granted custody, they could still receive rights under a parenting time schedule for visiting with their children. The following are a few of the factors that are most commonly considered when the court decides how to handle parenting time after a couple separates:
Situation of the Children
The age of the children is one factor that can affect how often the child is expected to travel back and forth to visit their separated or divorced parents. Other important issues that will be considered are the distance between the parents and the distance between the child’s school from each home. Expecting a child to travel long distances on a regular basis can negatively impact their social life and education, meaning the court may prefer a schedule that avoids these difficulties.
Situation of the Parents
The distance between the parents is obviously a factor for them, as well. Long travel times to deliver children to their other parent can be an unreasonable burden. Additionally, the court may consider the parents’ work schedules and whether or not the amount of visitation recommended would create a hardship on their employment.
Ability of Either Parent to Care for Minor Children
The safety and well-being of the children will be the primary focus of the court’s decision. While it is recognized that having a relationship with both parents is generally beneficial, there are some times when a parent cannot physically care for the child, and visitation may be shortened or eliminated.
Desires of the Children
While it is true that the children do not have the right to choose whom to live with until they are 18 years of age, the court will make every possible effort to determine what the child desires and act accordingly in its decision. Of course, some children are too young to make their wishes known. But as children age and are more able to articulate their wishes, those opinions are valued and followed as much as possible when deciding parenting time schedules. Once a child is able to drive, enforcing a visitation arrangement that they disagree with can become difficult.
Is it Necessary to Involve the Court in Determining Parenting Time?
The state of Arizona favors co-parenting because of the many benefits for children of having close relationships with both parents, even after a divorce. This can provide a better future by giving the children a more stable lifestyle and emotional support from both parents. However, having a formal order regarding parenting time is an essential part of a divorce when children are involved because of potential complications later on. While both parents have rights to their children, those rights can be hard to maintain without a formal parenting time order as part of the custody agreement. In order to establish the legal right to visitation, parents should have family law attorneys on their side who know how to navigate the legal system and have all the steps in place so their rights are protected. The Sampair Group is a legal firm with years of experience in family law and can be a great resource on your side.
What is Involved in the Process of Establishing Parenting Time?
The process of obtaining legal parenting time with The Sampair Group begins with your initial consultation, which you can schedule easily by calling 623-777-3903. Our legal team will meet with you to discuss the details of your case, the situation with your spouse or ex, your desires, goals, and any other pertinent information. Your attorney will move forward from there by collecting any documentation needed for evidence, as well as filing the necessary orders with the court. With talented attorneys like ours on your side, your case will resolve as quickly as possible and with the optimal benefit for you.
How Can Our Child Custody Lawyers Help You?
Your children are your number one priority, and you deserve to have skilled legal help to ensure that you can develop a long and lasting relationship with them, unhampered by legal matters. To begin the process of obtaining visitation rights as a parent, start today by calling our Phoenix legal office at 623-777-3903.