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When a relationship ends between two people who have children together, they must make arrangements regarding how they will share their parental rights and responsibilities. While it’s preferable for couples to reach an agreement on their own, this isn’t always possible, especially if there is a history of domestic abuse in the home. Under these circumstances, an Arizona court will step in to ensure the best interests of the children are upheld. In turn, the perpetrator of abuse may find that their rights to legal decision making and parenting time affected. Below is an overview of the significance that domestic violence can have on parental rights. 

A Guide to Domestic Violence & Arizona Parenting Time 

How Legal Decision-Making Orders Are Determined

In most cases, Arizona courts favor giving parents joint legal decision-making responsibilities. This means they will both make major decisions concerning the children’s upbringing in regards to topics like medical care, education, and religious affiliation.

parenting timeHowever, if one parent is found to have committed domestic abuse, the court is obligated to deny them the right to make these decisions. To determine whether or not violence is likely to have occurred, judges carefully review evidence such as medical records, police reports, witness testimonies, and school records.

What a Domestic Violence Arrest Can Mean for Parenting Time 

Being arrested on domestic abuse charges can also impact the perpetrator’s parenting time, or the amount of time they’re allowed to spend with their children. If the court feels a parent is a danger to the children, they can decide against granting any parenting time.

If the abuser can offer proof that they won’t place the children’s well-being at risk, the court may opt to provide parenting time with certain conditions to ensure the children’s safety. For example, ordering supervised visits, prohibiting overnight visits, or requiring the completion of a domestic abuse counseling program are all possible solutions. 

 

If you’re seeking representation for a legal decision making and parenting time case that involves domestic abuse, contact the Law Offices Of Paul Lenkowsky. They’ll assist you in gathering evidence to provide for the court’s consideration and fight to ensure the judge’s ruling reflects what’s best for you and your children. Since 1985, the residents of Bullhead City, AZ, have entrusted this firm’s attorneys to help them resolve a variety of sensitive and complex family law disputes. Call (928) 758-4815 to schedule a consultation, or visit their website for more information on the different cases they handle.

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