The alternating every 2 days schedule has the child switching between the parents every 2 days. There are many factors to consider when deciding what schedule will best fulfill the physical, social, and emotional needs of your child.
This book should allow divorcing or never married parents to create a custom parenting plan for their family. Example parenting plan templates included. Examples of some arrangements include the parents have joint legal custody while dad has physical custody, and to mom has parenting time.
This allows the child to build a close relationship with both parents and the child feels loved and cared for by both parents. Along with your residential schedule, you may want to include a holiday schedule or a summer break schedule in your parenting time arrangements. These schedules may change the percentage of time each parent has with the children.
You can also include 3rd party time in your schedule that shows when your child isn't with either parent. A lawyer can help you understand how to show the court evidence. A lawyer can also help you understand the laws that a judge will look at when reviewing your case. It is almost always a good idea to follow the advice of your lawyer.
Following the advice of your lawyer will usually save you time, money, stress, and help keep you out of trouble. Mediation may help you if the other parent is not following the Parenting Plan. Going to mediation before going to court is most likely following your part of the Parenting Plan. Some Parenting Plans will say who the mediator will be. If your plan does not say who the mediator will be, you and the other parent can pick someone or ask the court to appoint someone.
You will need to contact the mediator and set up a time for mediation. You and the other parent can ask the mediator to have someone with you for support, like a friend, parent, or counselor. The mediator has the choice of who may be allowed to sit in on a mediation.
Learn more by reading our article on Mediation. Unless your lawyer tells you something different, it may be a good idea to gather evidence that the other parent is not following the Parenting Plan. Evidence can be many things.
You can keep a record of missed or late visits. Make sure you include the date, time, and place where the exchange was supposed to happen. You may also want to keep a calendar or date book with all of these marked down. You may want to bring a witness who can testify that the other parent is not following the Parenting Plan.
Text or online messages may be evidence. It is a good idea to talk to a lawyer about what kind of evidence will help you, how to gather it, and how to best present it to the court.
It is a good idea that you talk to a lawyer before filing court paperwork. Follow the advice of your lawyer before, during and after you file court paperwork. Generally, the court paperwork that you file will be a written motion for a hearing to show cause. The Brief is where you make a legal argument on why you are asking the court to hold a hearing.
Your legal argument must be based on what the law says and the facts of your case. The other parent has not allowed me to see my child on weekends.
I have shown up at the agreed on exchange location 3 times, and the other parent never arrived. The other parent is not following the Parenting Plan, and should be ordered to show cause why they are not following the plan.
The Brief will talk about facts in the Affidavit. An Affidavit is a sworn statement only about facts. You do not make an argument in an Affidavit. You will need to file your Motion to Show Cause with the court overseeing the parenting case, and serve the other party. You can download a blank Motion Packet with Brief and Affidavit.
The other parent will have 14 calendar days, starting the day after they are served, to file a written Response to Motion. The other parent must serve you with a copy of their Response to Motion that they file with the court. In the Response to Motion, the other parent can explain why they disagree with your Motion to Show Cause.
Generally, if the other parent files a Response to Motion, the court will schedule a hearing. Wait at least 14 calendar days after the other parent was served before moving ahead. Start counting the 14 days beginning the day after the other parent is served.
Weekends and holidays are included in the 14 days. It is a good idea to call the Clerk of District Court where your parenting case is to double check to see if the other parent has filed a Response. When someone does not file a Response to a Motion within 14 calendar days, the other parent can usually ask for a default judgment. A default judgment is when the judge makes a decision without the other party filing an Answer or Response.
You can ask for a default judgment by using a Motion Packet. In your Motion for a Default, you can ask the court to set a hearing because the other parent has not filed a Response to your Motion within 14 calendar days after being served. A hearing is when both parents will meet with the judge in a formal setting.
The court will issue an order scheduling the hearing.
This includes things like the schedule for soccer games, punishments you have established, or issues that your child has been having at school. If the parents request joint legal custody, they also must submit to the court a written plan parenting plan indicating how they will cooperate to raise and care for the child. If there are certain members of the family who you do not trust to be around your child, it is important to outline these restrictions in the parenting plan. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. If there is a dispute about parenting time, the court sometimes refers the parents to court mediation services. Sign Up.
What does the court consider when deciding what is in the child's best interests in custody disputes? State law provides guidance to the courts by listing factors that the court should consider. These include such things as the wishes of the parents, the child's wishes, how the child interacts with each parent and any other children in the family, the health of each person involved, the child's adjustment to home, school and community, which parent primarily has provided care for the child in the past and which parent is more likely to allow the child to have frequent and meaningful contact with the other parent.
The court also must consider whether there has been domestic violence in the family, drug or alcohol use by a parent or other circumstances that may endanger the child's physical, mental, emotional or moral health. The court will presume that an award of custody to a parent who committed an act of domestic violence is contrary to the child's best interests.
If the parents request joint legal custody, they also must submit to the court a written plan parenting plan indicating how they will cooperate to raise and care for the child. The court also may order joint legal custody even if one parent objects.
The court's decision will be made in the best interests of the child. The law provides that when the court grants a custody order, it also must decide what amount of child support should be paid, by each parent, under the Arizona Child Support Guidelines. Joint custody does NOT mean that either parent is no longer responsible to provide for the support of the child.
The law provides that a person who stands in loco parentis to a child may ask the court for custody or parenting time. To be in loco parentis a person must have been treated as a parent by the child and have formed a meaningful parental relationship with the child for a substantial period of time. There are other requirements that must be met before a request may be made to the court.
One of the child's parents must be deceased, the child's legal parents must be unmarried, or a court case for divorce or legal separation between the legal parents must be pending see section , Arizona Revised Statutes. How can a parent obtain school, medical and other records of their child after divorce? No matter which form of custody is ordered, both parents are entitled to the same access to all records pertaining to their child unless the release of such information would place the child or one of the parents in danger see section , Arizona Revised Statutes.
If both parents live in Arizona, the parent with physical custody desiring to move with the child must give 60 days' notice to the other parent before the child may be moved more than miles from the other parent or from the state.
The day period gives sufficient time to the non-moving parent to request a hearing to stop the move. A parent who is required to relocate in less than 60 days must be a parent with joint physical custody and have the agreement of both parents or a court order allowing the move of the child. If agreement cannot be reached in the situation of required relocation in less than 60 days, the moving parent must file a request with the court. A child deserves to have a good relationship with both parents. When parents do not live together, the child should have the opportunity to spend time with each parent.
State law entitles a parent to reasonable rights of parenting time to ensure that a child has frequent and continuing contact with the parent.
However, parenting time can be limited, or even denied, if the child's physical, mental, moral or emotional health would be seriously endangered by parenting time with a parent.