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Overnight Visitation Requirements in Arizona

Knowledgeable Scottsdale lawyers advise on parenting time arrangements

Clark & Schloss Family Law, P.C. in Scottsdale offers personalized counsel to parents seeking information on overnight visitation requirements in Arizona. If you no longer live with your co-parent, we can develop a fair, detailed parenting time schedule that determines how overnight stays should be handled. Whether your child is visiting your home or you’re sending them to stay with your ex, we will make sure the visiting schedule serves their best interests.

What is a typical overnight visitation schedule?

It’s best for parents to negotiate an overnight visitation schedule that suits everyone’s needs. You can choose among various frameworks based on the distance between homes, scheduling concerns, proximity to schools and availability of transportation. In the event of a long-distance parental relocation, time spent in the noncustodial parent’s home might be limited to every other weekend and school breaks. However, if their residences are close and the parents are cooperative, the youth could switch between residences during the week.

Is a separate bedroom required for overnight stays in Arizona?

Once children reach a certain age, it is usually best for them to sleep in their own bedroom or in one shared with siblings of the same sex. However, there are situations where a noncustodial parent’s home is not equipped for this arrangement. No law requires separate bedrooms, but parents should take whatever measures they can to provide privacy for their son or daughter.

What conditions might be considered unfit for an overnight stay?

Alternatives to overnight visitation might be justified if the noncustodial parent is not able to offer a safe environment for the child. This could be due to that parent’s substance abuse issues or history of domestic violence. In other situations, the residence might be overcrowded, dilapidated or unclean, putting the son or daughter at risk. However, you cannot decide on your own that the other parent’s home is unsuitable. You need to petition the court for a modification that addresses your concerns.

How do overnight visits work with a newborn?

As with all visitation matters, the arrangement should be based on the child’s well-being. During the first few months of a newborn’s life, the parents might opt for a schedule that involves frequent visits of a few hours rather than overnight stays. This is especially true if the noncustodial parent’s home lacks a proper crib or if the infant breast-feeds during the night. Once the child is old enough for overnight stays to be appropriate, it is essential to establish a safe environment in the noncustodial parent’s residence by removing hazards, installing a baby monitor and creating a proper sleeping area.

Can a child refuse overnight visitation?

When a parent refuses to follow a court-ordered visitation schedule, he or she could face significant sanctions, including adverse revisions to custody terms. But what happens when the child opposes the mandated overnight visitation? Under Arizona law, the preferences of children who are of sufficient maturity should be taken into account, but there is no specific age at which a youth’s wishes can override a visitation order. If a child does not want spend the night at a noncustodial parent’s home, the custodial parent should document the reasons and what efforts, if any, were made to persuade the child to change their mind. In the event that your son or daughter expresses a serious reason to be afraid of going to your co-parent’s home, a child custody lawyer in Scottsdale can help you take prompt action to adjust the parenting time order.

Contact an Arizona family lawyer for a free consultation about a visitation matter

Clark & Schloss Family Law, P.C. in Scottsdale provides knowledgeable advice and effective representation to Arizona parents. If you have a question regarding overnight visitation or another family law concern, please call 602-789-3497 or contact us online to schedule a free initial consultation.

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