When parents separate or divorce, Arizona state law presumes that both parents will have joint custody for their children. However, in cases where joint-custody is impractical, one parent is usually granted the children’s physical custody while the other is gets visitation rights. In this case, the court will leave it to the parents to come up with a co-parenting plan that works in the best interest of everyone involved.
However, it is important to understand that custody and visitation rules are not set on stone. These agreements can change. While it is almost certain that the non-custodial parent will be granted visitation rights, the court can also restrict or deny visitation on certain grounds. Here are some of them:
One of the common reasons why a non-custodial parent may lose their visitation rights is when it is established that they are abusing or putting the child in danger. As soon as the custodial parent learns of the abuse or endangerment, it is imperative that they take the appropriate legal action to have the existing visitation rights reviewed and terminated. However, you need to understand that making unsubstantiated claims of abuse with the goal of denying the other parent their visitation rights could be counterproductive as the accusing party could risk losing custody to the non-custodial parent.
A non-custodial parent may also lose their visitation rights or have their visitation restricted to supervised visits if it is established that they are abusing or using drugs during visitation periods. This is especially true if the court believes that the non-custodial parent’s drug and substance use is likely to endanger or affect their child’s wellbeing in a certain way.
Other reasons that may result in loss of visitation rights include:
- Fears of abduction
- A conviction following a sexual offense
- Objection of the other parent’s relationships
Arizona family court envisions that every child is actively involved in their child’s life. However, a parent may lose their visitation rights if the court establishes that this is in the best interest of the child.