What Parental Access is Appropriate for Very Young Children?

This child visitation issue is a very emotional issue for both parents to an Arizona divorce, paternity or other family court proceeding and there are various factors the Arizona family court considers. Will the court order overnight visits? How long should visitation be with an infant? Where should visitation take place? Add into those variables the fact that a father often times is at a disadvantage in parental access proceedings because a child may still be nursing. Both the parties to a family court proceeding and judge him/herself often must engage in a balancing act to protect a child's best interest and avoid alienating either parent.

As with other family law issues, judges' opinions on this family law issue vary to some degree. There is, however, some guidance on the subject. I am familiar with two sets of parental access guidelines that can affect these decisions.

One set of parental access guidelines is the Superior Court of Maricopa County Parenting Time Guidelines found at http://www.superiorcourt.maricopa.gov/ssc/forms/word/drcvg11h.doc. On the issue of very young children, the Maricopa County Superior Court's Parenting Time Guidelines state as follows:

Infant up to Age Six Months Basic Access: Ideally, access should be brief but frequent throughout the week. For those parents whose schedules permit, access is recommended three times a week at two hours each for the early months. As the child progresses to the age of six months, an additional four hours should be added during the day on the weekend. For those parents unable to have the frequent access, which is recommended, the alternative would be a four-hour access on the weekend. Optional Access: Optional access includes one or more of the following: One access each week following birth and progressing to a total of three to four access times per week at four hours each with a weekend overnight suggested. Six Months to Three Years Basic Access: Provided regular access between parents and child(ren) has been maintained, access from six to twelve months should include the day of Saturday, and starting from twelve months to three years, access should progress up to alternate weekends (Saturday a.m. to Sunday p.m.) and one mid-week (not overnight). Optional Access: Optional access includes one or more of the following: extending the weekend so that it begins on either Friday or Thursday; allowing additional weekday access; allowing a mid-week overnight access.


The other oft-referred parental access guideline is the Model Parenting Time Plans for Parent/Child Access found on the Arizona Supreme Court's website at http://www.supreme.state.az.us/dr/Pdf/Parenting_Time_Plan_Final.pdf. The Model Parenting Time Plan found on the Arizona Supreme Court's website addresses very young children as follows:

At this young age, it is important to maintain the infant’s basic sleep, feeding and waking cycles. Schedules should be adjusted so that disruption does not occur. For example, in creating access plans for this age group, parents should consider the special needs of breastfeeding infants.
Plan A (1): Three periods of three to six hours spaced throughout each week.
Comment: Frequent contact helps the parent and child bond.
Plan A (2): Two six-hour periods spaced throughout each week.
Comment: This plan is helpful when the parents’ work schedules or their levels of conflict make more frequent exchanges difficult. Because in this plan there are only birth to twelve months two visits each week, bonding between the parent and child may proceed more slowly and the child may experience some difficulty going from one parent to the other.
Vacation: Time blocks that vary significantly from the above are not recommended.
Holidays: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above.
Plan B: Two three-hour periods and one eight-hour period spaced throughout each week.
See Plan A above for Vacation and Holidays.
Plan C: Two periods of three to six hours and one overnight each week.
Vacation: Presuming that Plan C overnights have been ongoing, parents may have three consecutive overnights, weekend or midweek, twice each year. Each parent shall give the other parent thirty days written notice of vacation plans and an itinerary of travel dates, destination and places where the child or parent can be reached.
Holidays: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above.
One to two year-olds are becoming more aware of the world around them and the people who are frequently in contact with them. A baby at this age can be attached to many caregivers including grandparents, other extended family members, daycare providers, babysitters and family friends who are frequently in contact with the child.
One to two year-olds are also becoming independent and are developing the ability to comfort themselves by thumb sucking or holding onto favorite blankets or toys. Their sleeping and eating schedules are also becoming regular. They continue to respond
to the different (but equally valuable) types of parenting mothers and fathers provide. Two year-olds commonly test parental limits ("terrible twos") and appropriate parental responses can build the child’s self-esteem for years to come.
Transitions between homes may become difficult for some one to two year-olds and they may become upset at these times. Some resistance to exchanges is normal for some children. This behavior does not necessarily mean that the other parent is not a good parent or that the child does not want to be with the other parent. Parents can make exchanges easier for the child by following predictable schedules and by supporting the child’s relationship with the other parent.
Plan A(1): Three periods of three to six hours spaced throughout each week.
Comment: Frequent contact helps the parent and child bond.
Plan A(2): Two six-hour periods spaced throughout each week.
Comment: This plan is helpful when the parents’ work schedules or their levels of conflict make more frequent exchanges difficult. Because in this plan there are only two twelve to twenty-four months visits each week, bonding between the parent and child may proceed more slowly and the child may experience some difficulty going from one parent to the other.
Vacation: Time blocks that vary significantly from the above are not recommended.
Holidays: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above.
Plan B: Two four-hour periods and one eight-hour period spaced throughout each week.
See Plan A above for Vacation and Holidays.
Plan C: One daytime period of three to six hours and two non-consecutive overnights each week.
Vacation: Presuming that Plan C overnights have been ongoing, parents may have one period of three consecutive overnights, midweek or weekend, with children 12 to 18 months old. After the age of 18 months, parents may have two one-week periods separated by at least four weeks. Each parent shall give the other parent thirty days written notice of his/her vacation plans and an itinerary of travel dates, destination and places where the child or parent can be reached.
Holidays: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with thetime blocks noted above.

Keep in mind that these are only guidelines and that each case and judge are different.

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