Can I Terminate my Ex-spouses’ Visitation Rights in Arizona?

Parental visitation rights are protected in Arizona by a number of laws. These laws state that a parent has a right to have a relationship with their child or children under any type of custody agreement. The noncustodial parent has a right to visit his or her child under Arizona law. In most cases, it is beneficial for the child to have a relationship with both parents. Unfortunately, there are some situations when the child’s safety needs to be protected.

visitation rightsIf you feel that the other parent’s visitation rights should be suspended, you should immediately consult with a family law attorney. These situations are complex and you will need to prove that the child needs to be protected. A family law attorney can explain the various situations in which visitation rights are typically terminated. The attorney can also evaluate your particular situation and help you decide how to proceed.

Terminating visitation rights is not a simple process. Courts typically only terminate visitation rights in particular situations. There has to be a demonstrable threat to the child’s well-being and safety. Some of the reasons include sexual abuse, physical abuse, assault, parental alcohol abuse, parental drug abuse, abandonment and other extreme situations. Sometimes, a child psychologist or counselor will need to provide an evaluation of the situation to back up claims that the child’s safety is threatened. A family law attorney can advise you on this process.

Some parents do not make a concerted effort to visit their children on a regular basis, even if they have established visitation rights. Others don’t provide child support in the agreed-upon manner. Unfortunately, visitation rights cannot be terminated in these situations. However, a family law attorney can help you address financial support issues through other avenues.

Keep in mind that termination of visitation rights is not permanent. The other parent can file to have visitation rights reinstated if the parent can provide an appropriate environment for the child. In these cases, you’ll want to consult your family law attorney to manage these situations. You may be ready to allow visitation again. It may be possible to limit visitation to supervised situations, depending on the circumstances. A family law attorney can help you navigate these circumstances.

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