Father’s Rights
Kids Need Their Dads
Fathers play a vital role in their children’s healthy development. In Arizona, equal parenting time is the goal and there is no presumption that the mother should have more time with the children.
The Court is focused on what is in the best interest of the kids and whenever possible, both parents should be equally involved in the raising of their kids, including infants.
Fathers have the right to be the primary residential parent and to receive child support.
Fathers have the right to be involved in making important decisions related to the kid’s schools and doctors and to request equal parenting time.
Studies show that kids raised in fatherless homes are more likely to encounter poverty, teen pregnancy, abuse, neglect and more likely to abuse drugs and alcohol.
Fathers seeking to protect their important rights and ensure they are equally involved in their kids lives really should seek an experienced family law attorney.
Seeing your kids every other weekend instead of 5-7 days a week may be the difference between going to court alone (DIY) and hiring an experienced family law attorney.
We are here to assist you! Schedule a free consultation by calling 480-629-5336 or use the online calendar to schedule.
Paternity
In Arizona, unmarried fathers are not automatically presumed to have parental rights. You would first need to establish that you are the biological father of the child.
Under A.R.S. § 25-814, a man’s paternity of a child will be presumed in one of the three following ways:
Signatures of both the mother and father on the child’s birth certificate
DNA test that demonstrates paternity of at least a probability of 95% or higher
Father and mother sign a notarized statement acknowledging the father’s paternity
Why does paternity matter?
The courts will not issue parenting time, legal decision-making, and child support orders unless the child’s paternity is established.
Without legal decision making and parenting time order, you will not have any legal rights as a father. Your child’s mother is free to make all the decisions, including when, where and how often you see your child.
Be aware, that without court orders awarding you parenting time, nothing prevents your child’s mother from calling the police to collect your child from you and return him or her to the her.
If such an event were to happen, it could lead to the criminal charge of parental interference. It is important that you protect your rights - call us at 480-629-5336 for a free consultation or book online.
Child Custody and Parenting Time
In Arizona, there is a rebuttable presumption that joint legal decision-making (custody) is in the best interests of children. The judge is required to consider the factors found in A.R.S. § 25-403 when determining what is in a child’s best interests, Some of those factors include:
The relationship between each parent and the child in the past, present, and future
How the child interacts with each parent and any siblings and others in the households
How well the child is adjusted to his or her home, community, and school
The child’s wishes if the child is mature enough to give his or her opinions
The physical and mental health of the child and everyone else
Whether there is a history of domestic violence or child abuse by either parent
A parenting time plan is the day to day routine kids spends with each parent. Some common “equal parenting time” schedules including: alternating weeks with each parent, and either a 5-2-2-5 or 2-2-3 schedule.