Affidavit Of Non Cohabitation For Solo Parent In Phoenix
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Unmarried mothers in Arizona are automatically granted legal decision-making rights and physical custody because of their biological connection with the child. The power to make all legal decisions means that the mother is able to decide what happens to their child or children.
If mediation fails or the situation escalates, consult with a family law attorney to help protect your rights and ensure that the child's best interests are upheld. In Arizona, one parent generally cannot keep a child from the other parent without court orders.
An Affidavit of Cohabitation is a sworn statement attesting to the fact that two individuals have lived together as husband and wife for a specified period. It is a legal document typically executed under oath before a notary public.
Arizona is no longer a “Mothers' Rights” state, but married mothers facing divorce have a presumed legal right to equal shared physical and legal custody of their children unless evidence and testimony shown to the court proves that equal custody is not in the best interests of the children.
Once legal paternity has been established, you will have the same parental rights as your child's mother. As of 2010, Arizona is no longer a “pro-mom” state. In other words, mothers and fathers have equal rights in case of divorce or separation.
Are There Certain Situations Where the Court Would Not Grant 50/50 Custody? Although Arizona law prefers a 50/50 parenting plan as the default option, some circumstances can prompt the court to pursue an alternative arrangement. As always, the child's best interest is the overarching concern.
In Arizona, there is no legal presumption favoring one parent over the other. Meaning that the Court starts with the presumption that parents should have joint custody. With joint custody, both parents share the responsibility of major decision-making, as well as physical custody and control of the child.
Contrary to misconceptions, Arizona employs a gender-neutral approach to child custody. Decisions are based on individual case circumstances and the child's best interests rather than favoring one parent based on gender.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
A motion is a request that the judge grant some kind of relief related to your court case. There are a few different ways that you can make a motion. Oral motion - You can make a motion verbally (orally) while in court. This can be at the initial appearance, at a status appearance, or during a hearing.
