It's time to put an end to all of this. Here is a history of little missus' posts and the CORRECT references:
YOUR FIRST STATEMENT ON VISITATION: "My son's father, who is married is taking me to court to get visitation. My son is 1yr and his father has only seen him 29 times during 2004. I have allowed his father to visit him at any time but because I will not let him spend the night my son's father has taken the attitude all or nothing. I have told my son's father that he can take him at anytime except to his home because his wife his violent."
AND THEN: "While obtaining all of this information I finally decided to do the sensible thing and contact an attorney other than my own. This is what I found out. No my son will not be spending the night at his father's house because here in AZ they have guidelines. Because my son is 1 yr guidelines state that regular visits in three to six hour increments be established to help the child bond, not overnight with someone who has not been in the day to day rearing of the child."
HERE YOU SAY: "Yes! I get it! Regarding visitation if you go to this website http://www.supreme.state.az.us/dr/T...Plans.htm#Plans
It has visitation parenting plans. Plan (A) Plan (B) & Plan (C). All plans that include overnights presume that the parent with access not only has care giving experience but that the child is sufficiently attached and accustomed to being in the care of that parent for long periods. "
AND YOU CONTINUE: "In the court guidelines in AZ, if a parent has not been involved in the day to day duties (which his daddy hasn't, not to my doing) then the child is to remain in his home until he develops a bond with the other parent and then overnights will begin."
HOWEVER, the correct and relevant references are as follows:
PARENT/CHILD ACCESS GUIDELINES
(VISITATION)
1. PURPOSE
These Guidelines are designed to provide assistance to the parents in the resolution of issues relating to parent/child access and to provide assistance to the court in formulating access orders when the parents are unable to reach an agreement. The underlying purpose of any such agreement or order is to provide for the best interest of each child after giving full consideration to the facts and issues that are relevant to each family.
6. PARENT/CHILD ACCESS
The following guidelines provide various programs for parent/child access plans.
B Six Months to Three Years
1 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.
2 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.
G Holidays
Holidays are to be alternated or shared between the parents. The child(ren) should be with mother on Mother's Day and with father on Father's Day.
H Extended Access/Vacation
Infants and children up to school age should be permitted to have extended access to the other parent on an increasing time basis. It is important to note that for children up to three years of age, the child(ren) should not be deprived of contact with the primary parent for more than one week at a time. For children ages three years to school age, the child(ren) ordinarily should not be deprived of access to the other parent for more than two consecutive weeks. For children six years and older, the basic vacation access should be in the range of two to four weeks with optional access extending up to ten weeks or so. For children in junior high and high school, parents should consider the comments in sections D and E above.
Now, as to retroactive child support, here is your history on this thread:
YOU SAID: "My gooodnesssss! I said in my first posting that "HIS" attorney sent "my" attorney a letter stating that his client was willing to pay $456 a month for child support. Which indicates that he is dealing with child visitation & CHILD SUPPORT!"
AND LET US NOT FORGET: "LIE? I just found this information out. What do I need to lie for? What would be the advantage of lying? Clearly none! I just wanted to let you know I get retroactive support. Because the attorney said so, because my son's father filed for support & visitation in August. Did I mention I get retroactive support?"
THEN YOU CONTINUE: "Oh yea did I mention I get RETROACTIVE SUPPORT! "
AND THIS ONE: "Yea yea yea! I had more than one question. I got the answer I needed regarding retroactive payments. Thanks to him filing in August I guess I can bank on getting from August until this thing is settled in back payments for child support."
HOWEVER, I GUESS YOU FORGOT THIS STATEMENT ALSO:"In addition, the attorney did say that if the father filed for child support and visitation then at that time child support will be calculated. "
The correct Arizona citation for retroactive child support is the following:
25-320 . Child support; factors; methods of payment; additional enforcement provisions; definitions
A. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct.
If no child support has been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding...