Top 5 Things to Know About Father’s Rights in Arizona
1. Being on the birth certificate doesn’t mean you’re legally recognized as the father.
When a child is born to an unmarried mother, only the mother’s rights are automatically established. The father will have to establish his rights separately. It is good to be on the birth certificate. But that alone doesn’t establish your rights as a Legal ParentA person who is the biological or adoptive parent of the child and whose rights have been established and not terminated. See A.R.S. § 25-401(4). For biological mothers, such rights are established at birth. Fathers, though, must establish their rights to be a legal parent. See…Read more about Legal Parent. Being listed on the birth certificate only gives you a PresumptionA legal standard where the person who holds the presumption has the advantage in a case. When a presumption is established, the burden is on the other party to produce enough evidence to overcome the presumption. See also Rebuttable Presumption.Read more about Presumption that you’re a legal parent. You still need to go to Court to establish your rights as a parent.
2. Contrary to what you may have heard, Arizona is not a Mother’s state.
While Mothers have full custody prior to Fathers establishing their rights through the Court, everything changes once a Court is deciding what should happen. In determining the issues of Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making and Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time (the two issues that comprise custody), judges are prohibited from applying a gender preference. Arizona has a public policy, written into the custody laws, that Courts are supposed to MaximizeThe word "maximize" is used in Arizona family law in connection with the Court's duty to "maximize" each parent's time with the child. ARS 25-403.02. Maximize, of course, means as much as possible. While 25-403.02 requires a court to maximize each parent's time with the child…Read more about Maximize each parent’s time with the child and that joint legal decision-making serves a child’s best interests. Courts have interpreted this public policy as creating a presumption for equal parenting time and Joint legal decision-makingIf the court orders joint legal decision-making, the parties must agree on all decisions related to the child’s health, education, religious upbringing, or personal care.Read more about Joint legal decision-making.
3. To start a case and establish your custodial rights, you must file a Petition to Establish with the Court.
You can’t get your rights without going to Court. Before starting a case, you should speak with an attorney to determine whether Arizona has JurisdictionThe authority of a Court to hear and decide a certain issue. Each court’s ability to hear cases are defined either by a Constitutional provision, or, more commonly, by an Act of Congress (for Federal courts) or the state legislature (for state courts).Read more about Jurisdiction and to have an open discussion about any concerns Mother might raise about you in a custody proceeding. To start a Court case, you need to file a PetitionThis is a court document that someone files to start a case.Read more about Petition Establish Paternity, Legal Decision-MakingThis is the right to make decisions on behalf of the child when it comes to decisions involving the child’s health, education, religion, or personal care. It does not include the right to dictate the child’s parenting time schedule or place conditions on the other parent’s time.…Read more about Legal Decision-Making, Parenting TimeThis is what it sounds like—this is when it’s the parent’s time with the child(ren). See A.R.S § 25-401(5). Prior to 2012, it was known as physical custody.Read more about Parenting Time, and Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support with the Court. Then she will need to be served in one of three ways: (1) by a licensed Process ServerThis is someone certified by the superior court to provide paperwork of a court proceeding to a person who is entitled to receive such notice. When a process server completes service, they will file an Affidavit of Service with the courts.Read more about Process Server, (2) by sending her the Court documents via certified mail with delivery restricted to her, and (3) presenting her the documents and having her sign an Acceptance of Service in front of a notary. Proof of ServiceThe evidence filed with the Court to show that service was completed. Common examples include a process server’s Affidavit of Service, an Acceptance of Service, or the returned receipt from a certified mailing.Read more about Proof of Service needs to be filed with the Court.
4. If your child is being withheld from you, you have the right to request temporary orders.
Certainly, when a mother is withholding the child, going to Court is one of your best options. But Court takes time, anywhere from eight months to a year or more. For that reason, Temporary OrdersOrders the court puts in place while the parties go through discovery and disclosure on the case. The orders are in place until further order of the Court. Common temporary orders are orders for legal decision-making, parenting time, spousal maintenance, child support, exclusive…Read more about Temporary Orders (orders the Court puts in place on an interim BasisA tax term describing the price a taxpayer paid to acquire a property. When a property or asset is sold, basis is deducted from the selling price to determine whether there is a taxable gain or loss. For items awarded in a divorce, those items are not taxed as part of the divorce…Read more about Basis) may be the way to go. This still takes time, as much as sixty days. That is lightning quick for the Court system, but still a long time if you’re not seeing your child. Temporary orders do require a TrialA court hearing in which evidence and testimony are taken, and the Court makes a final determination of the issues raised in a petition. Trials and evidentiary hearings are somewhat synonymous, but the difference is one of scope: Evidentiary hearings are more limited in scope…Read more about Trial, which is the most time-consuming and expensive part of litigation, and the outcome could greatly impact your case. We recommend consulting with an attorney before deciding whether to file for Temporary OrdersOrders the court puts in place while the parties go through discovery and disclosure on the case. The orders are in place until further order of the Court. Common temporary orders are orders for legal decision-making, parenting time, spousal maintenance, child support, exclusive…Read more about Temporary Orders.
5. The Court cannot order parenting time without also ordering child support.
Many fathers we talk to are worried about paying child support, and some would like to avoid it altogether. As to the first concern, don’t let Child SupportBy law, every person has a duty to support their biological or adopted children. See A.R.S § 25-501(A). This applies without or without a court order. The term “child support,” though, generally refers the Court-ordered amount one parent is required to pay to the other parent.Read more about Child Support dissuade you from seeking your custodial rights. If equal parenting time gets ordered, child support tends to not be very much, and there are many mothers who are ordered to pay child support to fathers. You can certainly consult with an attorney and see what your child support obligation might look like before deciding to file. As to the second concern, child support is not optional. Under Arizona law, you have a duty to support your child, and Arizona law makes child support your primary financial obligation above all other financial obligations. The final part of child support to consider is back child support. If she has had the child, and the two of you are not living together, she can seek back child support for up to three years, but the Court can choose whether to grant her back child support or not. If this is a concern, we recommend speaking with an attorney.
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