Determining Visitation Rights

Mesa Child Custody Attorney

Parents have the right to spend time with their children, which is why it is so important to create a favorable visitation schedule in a divorce or court proceeding. The court will allow parents to work out a visitation plan between themselves if possible. If no resolution can be reached, court intervention will be required. In Arizona family courts, most judges will seek to give the child time with both parents, whether through shared custody or visitation rights. However, it is still crucial that you retain a seasoned Mesa family attorney who will ensure your best interests are protected throughout this process.

At Bastian Law Offices, PLC, we have been working with parents for more than a decade. Our Mesa child custody lawyer knows how to resolve visitation matters and help clients craft effective parenting plans. Before the court or the other parent decides on how often you get to see your child, make sure you talk with our firm about your case. We can help you assert your right to spend time with your child and ensure that their interest are safeguarded as well.

Can a parent lose their visitation rights?

While parents do have legal responsibility and rights in regards to their children, custody and visitation are not always guaranteed. Even if a parent is initially granted custody and parenting time, they may lose this legal right if the court feels that they are a danger to the child or that the circumstances warrant a significant change.

Some of the following factors could result in a termination of visitation rights:

  • Reports of child abuse or domestic violence
  • Criminal behavior or activity
  • Mental or physical health disabilities
  • Continued violation of parenting plan or schedule
  • Failure to supervise the child appropriately
  • Inability to provide stability for the child
  • Drug or alcohol abuse or dependency
  • Refusal to allow the child to see the other parent

As mentioned before, the court will always be seeking to create a parenting plan that protects the child’s interests first and foremost. This means that your right to spend time with your child may be eliminated or expanded, depending on the circumstances. In some cases, the court may grant supervised visitation time to allow a parent time with their child.

Can grandparents be granted visitation?

Many times, when parents split up, the grandparents are put at an extreme disadvantage. Do you still have rights to see your grandchild in these cases? The good news is that Arizona law does allow for grandparents to receive some visitation rights if the court decides this is in the child’s best interests. In order to be granted visitation rights, certain factors must be present. This includes an appropriate passage of time since the divorce or separation occurred and may also be contingent on whether or not the parents were ever married.


Want to make sure that you get the fair visitation rights you deserve with your child? Bastian Law Offices, PLC is here to guide you to a successful resolution! Fill out a case evaluation today to share your case.