Visitation is the right of both children and parents to spend time together.  In Arizona visitation is referred to as parenting time.  Where a parent does not live with the children, the right to visitation arises.  In the case of a divorce, visitation is usually worked out as part of the Divorce Settlement.  Where the parents were not married, a declaration of paternity is required before the right to visitation can be granted by the Court.  Of course, even where there is no Court Order the parents can agree to visitationor parenting time among themselves.

Many people think that Child Support and Visitation are tied together.  A parent has a right to visitation inspite of being delinquent in Support payments.

In most States, there is a minimum amount of time that the courts will grant regarding visitation.  Tip:  Do not ask for the time if you can not actually be there with the children.

Before the right of visitation can arise there must be a Court Order.  

Remember even if there is a Court Order it is a guideline for when the parents cannot agree on the visits or parenting time.  The parents can enter into a different agreement inspite of the Court Order.

Where the parents are not getting along, it is best to resort to the Courts for an Order and follow the order as directed.

This Article is provided for general information only.  It does not constitute legal advice.  Nor does it give rise to an attorney client relationship.

Fabiola Jean-Gilles, Esq.