Enforcing Your Parenting Time Rights in Arizona

Arizona public policy favors stable and consistent relationships between children and parents, even after separation or divorce. This is carried out by court-ordered parenting plans that outline specific times each parent spends with the children. However, situations may arise where one parent interferes with or detracts from the other's parenting time. If your believe your co-parent is in violation of your established rights to spend time with your child, you have legal remedies available. 

Any deviation from a court-ordered parenting plan without a legitimate reason can be considered a violation. For example, one parent might refuse to hand over the child at the designated time and place. The other parent might show up late or intoxicated for pickup. Or either parent might create obstacles that prevent the other from spending quality time with the child.

An Arizona statute, ARS 25-414, empowers you to file a petition with the court, formally accusing the other parent of disobeying the court-ordered parenting plan. The court will then schedule a hearing within 25 days of the filing. During the hearing, you'll have the opportunity to present evidence to support your claim, such as communication records, witness testimonies or a calendar documenting missed visits. The other parent also has the opportunity to present evidence.

If you prevail in showing a violation, the court can take various measures, including the following: 

• Make-up time — The court can order extra parenting time to compensate for the missed visits. This ensures your child benefits from the time with you that was missed.

• Financial penalties — The court can impose civil penalties of up to $100 per violation, acting as a deterrent for future disruptions.

• Contempt of court — In cases of flagrant violations, the court can find the violating parent in contempt. This could potentially lead not only to fines but also to jail time.

• Parenting education/counseling — The court may require the violating parent to attend parenting classes or family counseling sessions. This can help improve communication and conflict resolution skills to prevent future issues.

• Modification of parenting plan — In cases of repeated violations or a demonstrably harmful environment for the child, the court may consider modifying the existing parenting plan to serve the child's best interests.

Since legal proceedings to enforce parenting time can be complex and demanding, it’s important to have an experienced Arizona child custody attorney at your side to prepare the petition and guide you through the process, including gathering the necessary evidence and representing you effectively in court.

At Clark & Schloss Family Law, P.C. in Scottsdale, we understand the importance of maintaining a strong bond with your child, and we'll work tirelessly to ensure your rights are upheld under Arizona law. Call us at 602-789-3497 or contact our firm online to set up a free consultation.