{"id":6445,"date":"2020-09-22T15:41:12","date_gmt":"2020-09-22T22:41:12","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?p=6445"},"modified":"2022-07-07T11:39:18","modified_gmt":"2022-07-07T18:39:18","slug":"can-custodial-parent-deny-visitation-rights-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/can-custodial-parent-deny-visitation-rights-arizona\/","title":{"rendered":"Can a Custodial Parent Deny Visitation Rights in Arizona?"},"content":{"rendered":"

Introduction<\/h2>\n

Co-parenting can be tough for many families after a separation or divorce. Due to unique circumstances, a custodial parent who shares a home with the child may choose to deny visitation rights to the non-custodial parent. When visitation is withheld, it can cause conflict between parents and in some cases, can result in serious legal repercussions. In Arizona, visitation agreements are legally binding and if either parent should breach the terms of the legally binding contract, he or she may be in violation of the court order.<\/p>\n

Arizona Child Custody Laws<\/h2>\n

When two parents separate or file for divorce, they do not always agree on child custody arrangements. Many parents have different opinions on what is in the best interest of the child which can cause tension between parents and strain on the children involved. In Arizona, judges typically consider a number of factors when determining visitation, such as the child\u2019s preference (if age appropriate), the relationship between each parent and child, the child and parents\u2019 physical and mental health, and the child\u2019s adjustment to home, school, and the community.<\/p>\n

In Arizona, child custody arrangements<\/a> generally fall into two main categories: parenting time (physical custody) and legal decision-making (legal custody). If the child lives with one parent more than 50 percent of the time, they usually retain physical custody and act as the custodial parent. This means that the other parent is the non-custodial parent and is awarded with reasonable parenting time. The court may also allow for joint decision-making instead of awarding physical custody to one or both parents. In this situation, the court will assist in developing a parenting time schedule for each parent.<\/p>\n

Legally Binding Agreements<\/h2>\n

As of January 1, 2013, Arizona no longer uses the term \u2018custody\u2019 in regard to child custody agreements post-separation or divorce. Instead, the term is now referred to as \u2018legal decision-making authority\u2019. The court can decide to allow both parties to have legal decision-making authority or can award one parent with legal decision making authority. To make this decision, the court will consider what is in the best interest of the child. Joint legal-decision-making permits both parents to work together to make decisions about a child and sole decision-making is when one parent makes decisions.<\/p>\n

When issues with a visitation schedule or parenting plan arise, one parent may decide to deny visitation rights to the other parent. There are many reasons why a custodial parent may withhold visitation from the other parent, such as retaliation for the non-custodial parent\u2019s actions, belief that the non-custodial parent is not providing proper care for the child, feeling angry or slighted after the divorce, when the non-custodial parent does not pay child support, or when the non-custodial parent does not uphold his or her end of the visitation schedule.<\/p>\n

Regardless of the reason why a custodial parent may want to deny visitation rights to the other parent, it is considered unlawful in Arizona to withhold visitation from the non-custodial parent. If issues arise, it is important for the custodial parent not to take matters into his or her own hands, but rather to address the problem through the family court system or in certain circumstances, the local police. If the custodial parent feels as if the visitation schedule is being frequently disrupted, he or she should petition the court to have the visitation schedule enforced or to make necessary changes.<\/p>\n

Father\u2019s Legal Rights in Arizona<\/h2>\n

Child custody laws in Arizona now recognize the equal rights of fathers during a separation and divorce, meaning mothers no longer receive favorable treatment in custody cases, whether married or not. However, unmarried fathers do not automatically have rights in Arizona. First, an unmarried father must establish paternity of the child. Under A.R.S. \u00a7 25-814<\/a>, a male is presumed to be the father of a child if:<\/p>\n