If you’re a father going through a divorce or custody dispute, one of your biggest concerns is likely: “How can I get more time with my kids?” The good news is that Arizona law supports a child’s right to have meaningful relationships with both parents — and that means dads have rights too.
At Hernandez Family Law, we work with fathers every day who want to stay actively involved in their children’s lives. If you’re looking to increase your parenting time, here’s what you need to know — and how we can help.
Arizona Law Doesn’t Favor Mothers
Many fathers worry that the courts automatically favor mothers. While this may have been true decades ago, it is no longer the case in Arizona. Under current law, both parents are presumed capable of raising their children unless proven otherwise. The court’s main priority is determining what’s in the best interests of the child — not who traditionally played the caregiving role.
What Parenting Time Means
Parenting time refers to the actual time a child spends with each parent. This is different from legal decision-making, which is the authority to make major decisions about the child’s health, education, and welfare.
You can request equal parenting time, or ask for a customized schedule that works best for your child’s needs. The key is presenting a plan that supports stability and consistency.
Steps You Can Take to Gain More Time
1. Be Proactive From the Start
From the moment your case begins, show that you are committed to being a responsible and involved parent. Demonstrate that you are:
- Actively involved in school and extracurriculars
- Providing a safe, clean living environment
- Supporting routines and structure for your child
Judges notice when fathers are engaged and consistent.
2. Create a Realistic Parenting Plan
Propose a plan that makes sense for your work schedule, your child’s school, and their emotional needs. If you request equal time, be prepared to show how you’ll handle school pick-ups, doctor’s appointments, and day-to-day parenting tasks.
3. Avoid Conflict With Your Co-Parent
Courts prefer to award more parenting time to parents who can communicate effectively and co-parent in a respectful manner. Even if tensions are high, try to avoid arguments over text, email, or in front of your child.
4. Document Everything
Keep a journal or calendar showing how often you see your child, attend events, or communicate with the other parent. Documentation can be a powerful tool in showing the court your ongoing involvement.
5. Consider Mediation
Sometimes, you can achieve more parenting time through mediation instead of trial. Courts look favorably on parents who work together to resolve conflicts and create mutually beneficial plans.
When the Other Parent Is Uncooperative
If the other parent tries to limit your time unfairly, speak with an attorney immediately. You may need to file a motion to enforce or modify an existing order — especially if the other parent is refusing visits or making false claims.
How Hernandez Family Law Can Help
Our team understands the challenges fathers face in family court. We’re passionate about helping dads assert their parental rights, maintain strong relationships with their kids, and build parenting plans that work.
Whether you’re seeking more time, fighting a custody battle, or modifying an old agreement, we’ll fight for your place in your child’s life.
Contact Hernandez Family Law Today
You don’t have to settle for being a weekend dad. If you want more time with your children, we’re here to help you make that happen.
Contact Hernandez Family Law to schedule your confidential consultation. Let us help you protect what matters most — your relationship with your child.
Frequently Asked Questions
Can a father get more parenting time in Arizona?
Yes. Fathers have the same legal rights as mothers to seek parenting time. Arizona courts make decisions based on the child’s best interests and generally encourage meaningful involvement from both parents whenever appropriate.
How can I increase my parenting time after a divorce?
If your current parenting plan no longer meets your child’s needs or circumstances have changed, you may ask the court to modify the parenting time order. You will generally need to show that the requested change is in your child’s best interests.
What factors do Arizona courts consider when deciding parenting time?
Arizona courts consider factors such as the child’s relationship with each parent, each parent’s ability to care for the child, the child’s adjustment to home and school, each parent’s willingness to support the child’s relationship with the other parent, and any concerns involving safety or domestic violence.
Can fathers get 50/50 parenting time in Arizona?
Yes. Many Arizona parenting plans provide for substantially equal parenting time when it is practical and serves the child’s best interests. Every case is decided based on its specific facts.
Does paying child support affect parenting time?
No. Child support and parenting time are separate legal issues. Paying child support does not automatically increase parenting time, and unpaid child support does not eliminate a parent’s right to parenting time.
What should fathers do to strengthen a parenting time case?
Fathers should remain actively involved in their children’s lives, follow existing court orders, maintain consistent communication, provide a stable home environment, and document their participation in their children’s education, healthcare, and daily activities.
Can parenting time be modified after a custody order is entered?
Yes. Parenting time may be modified if there has been a substantial and continuing change in circumstances and the proposed modification is in the child’s best interests.
What if the other parent refuses to follow the parenting schedule?
Document each violation and continue following the court order yourself. If the violations continue, you may ask the Arizona family court to enforce the parenting plan or consider other appropriate legal remedies.
Can an unmarried father request parenting time in Arizona?
Yes. After legal paternity has been established, an unmarried father may petition the court for parenting time and legal decision-making authority under Arizona law.
When should I hire a father’s rights attorney in Arizona?
You should speak with an attorney as soon as parenting time becomes disputed or you want to modify an existing order. Early legal guidance can help protect your parental rights, prepare supporting evidence, and present the strongest possible case.