Who Has Custody in Unmarried Couples? In Arizona, women who have a child outside of wedlock become the child's sole parent, unless they choose to name the father on the child's birth certificate, thus establishing paternity.
Once paternity has been satisfactorily proven, the unmarried father is given the same rights a divorced father gets in Arizona. That means that he can now go to court – or to the mother – and request equal parenting time as well as other rights afforded to a parent in regard to a child's upbringing.
Ing to Arizona statute Title 13-1302, "If a child is born out of wedlock, the mother is the legal custodian of the child for the purposes of this section until paternity is established and custody or access is determined by a court."Generally, paternity can be established in two ways: presumed or court-ordered.
A letter of agreement between two parents should clearly state the terms of their co-parenting arrangement, including custody, visitation, decision-making responsibilities, and financial obligations. Both parents should sign the letter, which should be notarized to ensure enforceability.
How Far Apart Can the Parents Live and Still Have 50/50 Custody in Arizona? Arizona parents can move distances of less than 100 miles without informing the court, provided they remain within the state.
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.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers. However, this trend is changing as courts increasingly focus on the best interests of the child, considering many factors beyond traditional roles.
parenting agreement is a structured written agreement between the people who care for the child or children and they set out what has been agreed in terms of the child arrangements, communication between parents and how parents are involved in the child/children's lives.
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.