Visitation Rights Attorney in Yuma, AZ
Creative Parenting Time Solutions to Fit Your Family’s Unique Circumstances
In Arizona, what used to be called physical custody and visitation is now called parenting time. It refers to the time you spend with your children in your capacity as a parent and includes everything from residential living to outings at the park.
At the Law Office of Phil Hineman, P.C., we understand that all families are different and that parenting time plans need to be flexible to accommodate your specific circumstances. We help our clients negotiate manageable parenting time plans with their children’s other parent. But, when a child’s welfare requires aggressive litigation to restrict contact with an unfit parent, we are prepared to fight in court and deliver positive results.
Elements of a Successful Parenting Plan
Under Arizona family law, the mother’s and the father’s right to act as a custodial parent are equal and depend entirely on factors other than their gender. The court considers all relevant factors to determine what arrangement would be in the best interest of the child.
These factors include, but are not limited to:
- The importance of stability in your child’s life
- The value of having your child continue to live in the familiar surroundings of the family home
- Your ability and availability to perform as a primary caregiver
- Your willingness to encourage a relationship between the child and the other parent
- The preference of the child, if mature enough
If you want to have your child live with you full-time or even part-time, you must satisfy the court that you can provide a safe environment and the nurturing necessary given your child’s particular circumstances.
If only one parent is in a position to be a residential caretaker, the other parent still has a presumptive right to frequent, meaningful contact with the child. This used to be called visitation, but that term is no longer regarded as appropriate for the parent-child relationship. Visitation is still used when referring to grandparents or other third parties.
Restricting Parenting Time in the Best Interest of the Child
Unfortunately, there are situations in which contact with a parent could be detrimental or even dangerous to the child, such as if a parent has a substance abuse problem, anger issues, or is sexually abusive. If you have these types of concerns, it is imperative to alert the court, which can order parenting time sessions to be supervised by a court-appointed official or restrict contact altogether.
However, in contentious child custody disputes, parties often make salacious and unsupported allegations of abuse, forcing the accused parent to disprove the assertions. In such cases, we provide capable representation to clear our clients’ names and restore their right to parenting time.
Helping You Manage Your Parenting Plan After Court Approval
Whether you negotiate a parenting plan or litigate the elements before a judge, the court-ordered plan has the force of law. If the other parent refuses to abide by the parenting plan, you can seek redress from the court. It’s important to be flexible and not run to court over every minor infraction, but when enough incidents form a pattern of interference with your parental rights, you must assert your rights.
A dedicated Yuma visitation attorney at our firm can help. Contact us now to begin.
The Law Office of Phil Hineman, P.C. provides knowledgeable guidance for creating and maintaining your parenting time plan. Call us today at (928) 224-3230 or contact us online to schedule a consultation with an experienced family law attorney.
He aggressively, but tactfully, fought for my voice to be heard in court and he went the extra mile.- David K.
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Mr. Hineman was very helpful.- Walter R.
If you're in trouble, do not hesitate to call on Mr. Hineman's help.- Kristian H.
If you want a fantastic lawyer, Mr. Hienman is your man.- Belinda G.
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Phil Hineman has been providing bankruptcy, family law, and criminal law services for the community for over 25 years. Reach out to discuss your case today.