Serving Metro Phoenix

Main Office
7537 East McDonald Drive
Scottsdale, AZ 85250

Experienced Child Custody
& Support Representation

  • · Child Custody Petitions
  • · Child Support
  • · Parental Rights and Visitation
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Visitation

A child is entitled to spend quality time with both parents after a divorce. As parents, the right to see and spend time with your children is the one of the most important parental rights. You deserve to have an influence on your child’s life even after a divorce from your spouse. The Daly Law Firm will work to ensure that your visitation rights are protected.

Scottsdale Child Visitation Attorney

Doug Daly is an experienced family lawyer who understands the process of obtaining visitation for non-custodial parents. It can be a stressful and confusing experience so let me help you maintain regular contact with your children. The Daly Law Firm is currently representing parents handling visitation and custody case in the Phoenix, Scottsdale, and Maricopa County area. The firm's child visitation practice areas include:

  • Custody Agreements
  • Visitation Schedules
  • Grandparent’s Visitation Rights

Visitation rights are usually given to the non-custodial parent. A standard visitation award outlines the times and places the parent can visit the child. In some cases visitation needs to be established for couples who were not married when their children were born. Generally paternity needs to be established in these cases before visitation is granted. There are also grandparents who want to enforce their visitation rights to see their grandchildren.


Visitation Information Center


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Does the court have to create a visitation schedule?

It is not a requirement under Arizona law for the judge to decide on a visitation schedule. The parents may create their own visitation schedule without court involvement and it is not necessary to include the visitation schedule in the final divorce decree.

If parents cannot come to a decision then the judge will step into the matter and create a visitation schedule because it is the Arizona’s court policy that children generally benefit from contact with both of their parents.


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What happens if a parent violates the visitation schedule?

If the visitation schedule is informal meaning that the parents did not have the judge incorporate the visitation schedule into the divorce decree, then there is little recourse. You can sit down and talk to the person violating the agreement and see if you can amicably change the visitation schedule to something you both can maintain.

On the other hand, if the visitation schedule was reduced to a court order, you can simply notify the court that the parent is in violation of the visitation order. The court can hold the parent in contempt, impose fines and even jail time if the judge thinks it is appropriate under the circumstances.


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What does Arizona law say about grandparent visitation rights?

Under Arizona Revised Statutes §25-409 grandparents can receive reasonable visitation with their grandchildren if the court determines the grandparent visitation is in the child’s best interest. In addition to the best interest of the child standard one of the following conditions must also apply to the situation:

  • The child’s parents’ have been divorced for at least three months;
  • One of the child’s parents is dead or missing for at least three months; or
  • The child’s parents’ weren’t married to each other when the child was born.

Notify a qualified family law attorney if you are a grandparent seeking visitation with your grandchildren. The lawyer will be able to provide more information and advice based on the facts of your specific case.


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What is supervised visitation?

Supervised visitation is ordered by the court when child abuse or domestic violence is suspected. The non-custodial parent will not be able to see the child without a chaperone. Usually the court designates the time and location for supervised visits.


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Tips for successful visitations

  1. Remember that you are still a parent. Do not be tempted to let your child run wild because you only get access to the child once a week. Make sure you still discipline your child.
  2. Do not talk negatively about your ex-spouse. Your kids will pick up on your attitude so try to be respectful of your ex-spouse in your child’s presence.
  3. Don’t let your child manipulate you during your visitation time.
  4. Spend some quality time talking to your child and about things that are taking place in the child’s life.

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Resources

Children’s Rights Council - CRC is a nonprofit organization dedicated to the idea both parents should be involved in their children’s lives.


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Daly Law Firm | Phoenix Child Visitation Lawyer

Visitation is sometimes difficult for the non-custodial parent to obtain. It is best to get legal advice from an experienced Scottsdale family law attorney at the very beginning of your divorce case to ensure your rights are protected and you are able to maintain contact with your child.

The Daly Law Firm has the knowledge and experience to help you successfully create a visitation schedule. If you are struggling to obtain custody or visitation in the Phoenix, Scottsdale, Maricopa County area, don’t hesitate to call the Daly Law Firm at (480) 607-8308 for a free consultation regarding your visitation questions and concerns.

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