What Happens When One Parent Interferes With Another Parent’s Rights Under An Arizona Child Custody Order?

One common issue that we often encounter in acrimonious co-parenting relationships is one parent is reluctant in facilitating or even allowing the other parent to have a relationship with their minor child. Generally, Arizona courts take the position that it is in the best interests of a minor child that the child have meaning with both parents. From the court’s perspective, a parent who fails or refuses to foster a relationship between the minor child and the other parent is not acting in the minor child’s best interests.

Moreover, when reluctance to encourage a parent/child relationship crosses the line into interference with that relationship, Arizona law may impose significant consequences. Interference with custody rights can take many different forms. For example, one parent might violate another parent’s child custody rights by:

1. Denying Court-Ordered Visitation or Parenting Time: If one parent prevents the other parent from exercising court-ordered visitation or parenting time, it will typically constitute an interference with the other parent’s child custody rights. Arizona statute sets forth a list of potential remedies and states that a court “shall do at least one” of the identified actions when it “finds that a parent has refused without good cause to comply with a visitation or parenting time order . . . .” _{^{ARIZ. REV. STAT. ANN.}} § 25-414(A)
2. Withholding Information: Intentionally withholding information about the minor child from the other parent can also be considered interference. Arizona statute provides that “[u]nless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents and other information concerning the child’s education and physical, mental, moral and emotional health including medical, school, police, court, and other records directly from the custodian of the records or from the other parent.” _{^{ARIZ. REV. STAT. ANN.}} § 25-403.06(A).
3. Moving Without Notification: When there is a court order for joint custody, relocating a minor child without notifying the other parent or obtaining court approval may also amount to wrongfully violating the other parent’s child custody rights. Under Arizona statute, when both parents have joint legal decision-making or parenting under a court order, parents must provide at least forty-five (45) days of notice before relocating the child outside of the state or relocating the child more than one hundred miles within the state. See _{^{ARIZ. REV. STAT. ANN.}} § 25-408(A). The non-moving parent then has the right to oppose the relocation and the court may end up having to decide whether to allow it.
4. Disparaging or Undermining the Other Parent: Intentionally withholding information about the minor child from the other parent can also be considered interference. Arizona statute provides that “[u]nless otherwise provided by court order or law, on reasonable request both parents are entitled to have equal access to prescription medication, documents and other information concerning the child’s education and physical, mental, moral and emotional health including medical, school, police, court and other records directly from the custodian of the records or from the other parent.” _{^{ARIZ. REV. STAT. ANN.}} § 25-403.06(A).

If a parent believes that the other parent is interfering with their court-ordered child custody rights, they may be able to take legal action by filing a petition with the family court. Depending on the circumstances and type of violation, the court may impose various remedies or sanctions, including:

• Finding the offending parent to be in contempt of court.
• Modifying the custody or visitation schedule to prevent future interference.
• Ordering makeup parenting time for the parent whose rights were violated.
• Requiring the interfering parent to attend counseling or parenting classes.
• Compelling the parties to attend a mediation or other dispute resolution process.
• Directing that the parent in violation pay for attorney’s fees and court costs.
• Imposing fines or other penalties for the parent’s contempt of court.

See _{^{ARIZ. REV. STAT. ANN.}} § 25-414(A); _{^{ARIZ. REV. STAT. ANN.}} § 25-408(J); _{^{ARIZ. REV. STAT. ANN.}} § 25-403.06(B); _{^{ARIZ. REV. STAT. ANN.}} § 25-403.06(D). It is essential for parents to adhere to court-ordered custody arrangements and to address any disputes or concerns through legal channels rather than taking matters into their own hands. This helps ensure that the minor child’s best interests remain the primary focus and that both parents have the opportunity to maintain meaningful relationships with their child.

When in doubt, Huffman-Shayeb Law, PLLC always recommends that you consult with a licensed attorney concerning your legal rights and responsibilities. If you are involved in or facing a family court matter in the State of Arizona and looking for new representation in case, contact Huffman-Shayeb Law, PLLC to schedule a consultation.