Visitation / Parental - Child Access

Parent-child access (visitation) is ordered so that the parent who does not have primary custody of the child can still see the child. The court will order reasonable visitation according to the age of the child, but the amount of visitation can vary by agreement between the parents. A judge cannot make a parent visit a child if the parent does not want to.

Sometimes a party will ask for supervised visitation. This means that the non-custodial parent only has visitation with another person present. Supervised visitation is ordered in cases where the non-custodial parent abuses drugs or alcohol, is violent or abusive, or does not have the parenting skills to care for the child without another adult present. Supervised visitation is not intended to punish the parent, but to protect the child.

The Court does not generally allow a custodial parent to totally prevent the other parent from seeing the child on a regular basis. The only time this is appropriate is if the non-custodial parent has seriously harmed or abused the child, or is otherwise a serious danger to the child's emotional and /or physical health, or if there is a court order saying that the parent shall not see the child. An order of no contact by a parent is a last resort, and is used solely to protect the child.

Experience has dictated a number of common sense guidelines that should be followed in every case. Some of these guidelines are also supported by law. Except as otherwise ordered by the court:

1. Both parents are entitled to access to records and information on the medical care of the child(ren) directly from the health care provider as well as from the other parent. Each parent should notify the other promptly of any significant medical treatment.
2. Both parents are entitled to access to all school records of the child(ren) directly from the school as well as from the other parent. School reports should be photocopied promptly after receipt and supplied to the other parent. Both parents should be notified promptly of all child-related activities which encourage or allow parental participation.
3. Both parents are reminded that parent/child access and child support, while they may be emotionally connected, are separate legal issues. Arizona law provides that parental access may not be denied due to the failure to pay child support. It also provides that child support may not be withheld due to the failure of a parent to allow access.
4. Parents should share with each other their residence and work addresses and phone numbers.
5. Each parent should encourage the child(ren) to initiate telephone and/or mail contact with the other parent on a regular basis.
6. The parents should not discuss their marital problems with the child(ren). They should not try to turn the child(ren) against the other parent by discussing with the child(ren) the shortcomings of the other parent.
7. The parents should not attempt to buy the favor of the child(ren) with presents, special treatment, special privileges or promises.
8. Parents should not make their child(ren) choose between the two parents.
9. Parents should not question their child(ren)regarding the activities of the other parent.
10. Parents should not make promises that cannot be kept.
11. Parents should not fight with the other parent in the presence of their child(ren).
12. Parents should be prompt with appointments with the child(ren). It is unfair to keep a child waiting, and worse, to disappoint the child(ren) by not showing up at all. When unforeseen circumstances prevent compliance within approximately 15 minutes of the scheduled time of exchange, immediate notification should be given, if possible, and appropriate alternative arrangements should be made. Alternative arrangements may include delayed scheduling, make-up access, or skipped access. For those occasional circumstances when a parent cannot meet the prearranged schedule, that parent should be responsible for the reasonable expenses incurred for child care, unless otherwise mutually agreed upon by both parents.
13. Parents should coordinate plans regarding bedtime, discipline, homework schedule and other household rules.

1. The geographic location of each parent;
2. Each parent's willingness and ability to perform the child care duties associated with the child(ren), relative to the child(ren)'s stage of development such as feeding, changing, bathing, preparing the child(ren) for school, taking responsibility for the child(ren)'s homework, etc.;
3. Each parent's ability to care for the child(ren)'s needs (historical involvement alone is not the critical focus; rather, a parent's willingness and ability to learn the necessary skills should be a determining consideration);
4. The lack of hostility between the parents;
5. The ability of both parents' work schedules and the child(ren)'s schedule to accommodate extended access;
6. The child(ren)'s age(s) and strength of attachment to each parent;
7. The child(ren)'s relationship with his/her friends; and
8. The regular and consistent access that has been maintained by the visiting parent under the basic access plan along with a desire to increase the time commitment.

Arizona law establishes certain criteria to be met prior to the entry of an order for joint custody. Optional access which approaches an award of joint custody requires compliance with the statutory joint custody criteria.

PARENT/CHILD ACCESS

The following guidelines provide various programs for parent/child access plans.

1. Infant up to Age Six Months
   1. Basic Access: Ideally, access should be brief but frequent throughout the week. For those parents whose schedules permit, access is recommended three times a week at two hours each for the early months. As the child progresses to the age of six months, an additional four hours should be added during the day on the weekend. For those parents unable to have the frequent access, which is recommended, the alternative would be a four-hour access on the weekend.
   2. Optional Access: Optional access includes one or more of the following: One access each week following birth and progressing to a total of three to four access times per week at four hours each with a weekend overnight suggested.
   
   
   
2. Six Months to Three Years
   1. Basic Access: Provided regular access between parents and child(ren) has been maintained, access from six to twelve months should include the day of Saturday, and starting from twelve months to three years, access should progress up to alternate weekends (Saturday a.m. to Sunday p.m.) and one mid-week (not overnight).
   2. Optional Access: Optional access includes one or more of the following: extending the weekend so that it begins on either Friday or Thursday; allowing additional weekday access; allowing a mid-week overnight access.
   
   
   
3. Three Years to Five Years
   1. Basic Access: Alternating weekends; one mid-week (overnight optional) in alternate weeks. Holidays should be either shared or alternated.
   2. Optional Access: Optional access includes one or more of the following: begin the weekend on Thursday; end the weekend on Monday or Tuesday; split or alternate the week; one to two mid-week overnights in alternating weeks.
   
   
   
4. Six Years to Twelve Years
   1. Basic Access: Alternating weekends; one mid-week (overnight optional). Holidays should be either shared or alternated.
   2. Optional Access: Optional access includes one or more of the following: begin the weekend on Thursday; end the weekend on Monday or Tuesday; split or alternate the week; one to two mid-week overnights in alternating weeks; add a third weekend per month.
   3. Comment: As the child(ren) reach junior high, increasing consideration should be given to the child(ren)'s activities; a less structured and more flexible schedule is recommended. Regardless of how unstructured or flexible the schedule is, access must still occur on a regular basis.
   
   
   
5. Thirteen Years and Older
   1. Basic Access: Alternating weekends; one mid-week (overnight optional). Holidays should be either shared or alternated.
   2. Optional Access: Additional access as may be arranged between both parents and child(ren).
   3. Comment: At this age, parents should make individual arrangements for each child regardless of the formal custody arrangements. All schedules, time-sharing, vacation schedules and holidays must remain flexible to accommodate the activities and interest of each child. Direct discussions are encouraged between parents and the child(ren) to formalize the parent/child access plan for this age range. The basic access plan described above for this age range is simply a "minimum" plan for those families without any other agreement.
   
   
   
6. Child Care
   When one parent will be absent from the home for an extended period of time, the child(ren) should spend the period of absence with the other parent, assuming such plan is appropriate for the child(ren). This also assumes that geographic location of both parents, the child(ren)'s age(s) and outside activities and the parent's work schedules all accommodate the arrangement. The period of absence which triggers the exchange will vary depending upon the circumstances of the parties. As the hostility level between the parents is reduced, the period triggering the exchange is reduced. This allows additional access between parent and child(ren) and has additional advantage of eliminating the expense for extended care providers.
   
   
7. Holidays
   Holidays are to be alternated or shared between the parents. The child(ren) should be with mother on Mother's Day and with father on Father's Day.
   
   
8. Extended Access/Vacation
   Infants and children up to school age should be permitted to have extended access to the other parent on an increasing time basis. It is important to note that for children up to three years of age, the child(ren) should not be deprived of contact with the primary parent for more than one week at a time. For children ages three years to school age, the child(ren) ordinarily should not be deprived of access to the other parent for more than two consecutive weeks. For children six years and older, the basic vacation access should be in the range of two to four weeks with optional access extending up to ten weeks or so. For children in junior high and high school, parents should consider the comments in sections D and E above.
   
   Each parent is entitled to two uninterrupted weeks for out-of-town travel. Except for the two weeks of out-of-town travel, the parent exercising the vacation access time is to allow the other parent the equivalent parent/child access that the vacationing parent enjoys during the remainder of the year. The child(ren) should return from vacation at least one week prior to the start of school.
   
   

1. Pre-Kindergarten Age
   Access should be provided during the summer and at other times with consideration given to access periods of two to six weeks.
   
   
2. Summer Access-School-Age Child
   Summer access of four to ten weeks is suggested with consideration for the child(ren)'s employment, organized activities and other outside activities. Consideration should also be given to such factors as the amount of time that the child(ren) has been apart from the other parent, the facilities for the child(ren) available to the other parent who will have summer access, arrangements that are made for the child(ren)'s care during the summer access, as well as the need for establishing and/or maintaining a relationship with the parent who has summer access.
   
   
3. School Year Access-School-Age Child
   School year access is suggested, provided it coincides with the child(ren)'s school holiday times.
   
   
4. Additional Access
   Additional access during the school year is recommended, in particular, on the extended weekends (three-day weekends), provided that the additional access is logistically possible based upon the distance, available transportation, schedule of the children and the parties, and the lack of interference with the child's ongoing schooling.

1. Day: Up to eight consecutive hours;
2. Weekend: From 5:30 p.m. Friday to 6:00 p.m. Sunday;
3. Mid-Week (Not Overnight): From 5:30 p.m. to 8:00 p.m. In the absence of an agreement as to the day, this shall be on Wednesday;
4. Mid-Week (Overnight): From 5:30 p.m. to 8:00 a.m. In the absence of an agreement as to the day, this shall be Wednesday night;
5. Holidays: This typically includes Thanksgiving, Christmas and Spring break. It also includes such other holidays or days of special observance as per the agreement of the parties or order of the court;
6. Long Distance: Either the court or the parties may define long distance after considering the distance between the parties, the time necessary for travel, the convenience and expense of travel, the availability of resources and other alternatives.