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What Are The Overnight Visitation Requirements in Arizona? 

Posted By Legal Team | February 28 2023 | Firm News

If you and the co-parent of your child do not reside together, you may be wondering about overnight visitation requirements here in Arizona. It is crucial that you develop a fair plan that allows both parents time with their child. Determining a schedule for overnight stays and all visitation issues is best precisely planned in the interest of the child’s stability so that arrangements for the visits can be decided in advance.

Overnight Visitation Schedules

Parents who work to negotiate a fair visitation schedule are working for their child or children. There are various ways that visitation schedules can be structured. There are quite a few factors that can be considered when making decisions about visitation. Some of these are listed below:

  • Distance between homes
  • Scheduling concerns such as work, school, and extracurricular activities
  • Parental relocation that may complicate regular visitation
  • Whether the parents share custody or there is a custodial and noncustodial parent

A noncustodial parent may receive scheduled visitation every other weekend and during school holidays. If the parents reside close to one another and agree to cooperate, the child could also switch between their parents’ homes during the week.

Arizona Bedroom Requirements for Overnight Stays

The court typically believes that children should have their own room. Sometimes, this is not possible, and in these cases, it is preferred that children share a room with same-sex siblings. Realistically, not every home will be equipped for this kind of setup, so there is no law requiring separate bedrooms. But, there is an expectation that the parents will safeguard their child’s privacy however they can.

Why Some Conditions are Considered Unfit for Overnight Stays

If a parent cannot provide a safe environment for their child during overnight visits, alternative visitations may be offered. These alternatives could be necessary for the following reasons:

  • Substance abuse problems
  • Domestic violence history
  • Overcrowded residence
  • Unclean or dilapidated conditions

The standards that each person holds for their home may be different. By law, you cannot decide that the co-parent of your child is not providing appropriate living conditions. This is why it is essential to address your suspicions with an attorney so that they can aid you in filing the proper petition to the court for a custody modification.

Overnights with Newborns

When planning a visitation schedule, the newborn’s best interest must be the primary concern. Often, in the first months of their life, the parents may need to plan visits around breastfeeding schedules. Typically, infants nurse during the night, so it may be conducive for that healthy practice to continue if the baby is with their mother overnight.

In the early days of a child’s life, frequent visits for a few hours may be preferred by both parents. Once the child is at an appropriate age for overnight visits, the noncustodial parent will need to provide a safe environment for the child. Provisions for a safe environment may include baby-proofing the home, creating safe sleep surroundings, and employing a baby monitor.

Call an Arizona Family Law Attorney Concerning Visitation Matters

Contact The Law Office of Karen A. Schoenau for practical, knowledge-based advice concerning the visitation agreement for your child or children. With over 20 years of experience resolving complicated custody matters, we are ready to help you ensure your child’s best interests are met throughout all stages of custody, modifications, and beyond. Reach out for a free consultation today.

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