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January 2015 Archives

Divorce in Arizona

Some Arizona residents contemplating divorce may be interested in knowing what the proper procedure is. Divorce is legally referred to as a dissolution in Arizona, and one spouse is able to file and claim that the marriage is irretrievably broken. The petitioner must be a resident of the state for a minimum of 90 days.

Virtual visitation and Arizona child custody

Arizona parents embroiled in child custody disputes may have another avenue available to ensure visitation. Known as virtual visitation, this kind of arrangement is a catch-all term encompassing the use of telephones and Internet resources, such as email, video chat and instant messaging, to allow children to stay in touch with a non-custodial parent when they cannot be present. While Arizona has no formalized law concerning virtual visitation, it is nevertheless considered a viable option for enhanced visitation.

When parents do not exercise their visitation rights

Nothing can be more frustrating to an Arizona custodial parent than when the other parent doesn't show up to pick up their child for his or her scheduled visitation. The custodial parent may have to scramble to find child care and the child may be upset, feeling rejected. Parents may wonder if there is anything they can do about this failure to exercise parenting time.

The meaning of "reasonable visitation" in custody orders

When an Arizona court is making a child custody determination in a divorce proceeding, it might not make the matter of visitation very definable for the noncustodial parent. Instead, the court may give the noncustodial parent "reasonable visitation" rights in the order. Generally, this means that both parents are left to decide a parental visitation schedule themselves.

When does a court have initial child custody jurisdiction?

Jurisdiction refers to the right of a court to preside over a case, and in child custody situations, the state in which the child resides typically determines what court will preside over a dispute. Timing may be important, and other issues could play a role as well. In Arizona, initial child custody jurisdiction in the state is typically appropriate if the child resides in the state at the time the proceeding begins or has resided in the state within the prior six months with the parent or acting person still living in the state as the proceeding begins.


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