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Do Married Fathers Have Presumed Paternity?
In the state of Arizona, if a child is born into a marriage, there is a presumption of legal paternity. Essentially, the state will presume that the husband is the child’s legitimate father. As a married father, a man has the legal right to see and interact with their children and also get to participate in major life-changing decisions regarding the children. In the event of a divorce, the previously married father will then have child support obligations if they are not the custodial parent once child custody has been determined.
Arizona law provides equal rights afforded to married fathers and mothers. There is no automatic presumption that a wife should have more parental rights over her children than her husband. If you were the primary breadwinner for the family while your spouse stayed at home with the children, a family law court does not have the authority to hold that against you when determining parenting time and legal decision-making rights.
Our state’s courts no longer follow the Tender Years Doctrine, which had previously favored mothers when deciding primary custody and visitation rights when the child is young. Today, the courts believe that mother and father have equal rights, regardless of the child’s age. A judge cannot favor one spouse over the other based on gender.
Do Unmarried Parents Have the Same Parental Rights as Married Parents?
Unmarried fathers are not provided the same parental rights as their married counterparts. Unless paternity has been proven, the mother can make all important decisions regarding the well-being of the child without the consent of the father. Additionally, a mother can relocate with her child, put her child up for adoption, and prevent you from seeing your child if you have not established paternity.
A man who was not married to the child’s mother at the time of birth has no automatic legal rights to the child unless and until they establish paternity under Arizona law. The mother, on the other hand, is granted automatic sole legal and physical custody of her child after birth if she is unmarried.
Without seeking legal paternity, an unmarried father has no parental rights. To pursue parental rights and attempt to establish paternity, it is highly recommended that you work with an experienced family law attorney. Our law firm is passionate about helping clients with complex family law cases, including paternity matters. To learn more about our legal services, please contact our law office to schedule your initial consultation today.
What is the Importance of Establishing Paternity?
In Arizona, unmarried fathers must establish paternity to pursue custody or visitation rights with their children. Failure to establish paternity could result in no parental rights whatsoever as an unmarried father.
For unmarried men, the legal process for obtaining child custody or parenting time can feel needlessly complex. As legal guardianship is automatically granted to the biological mother, a man must legally establish his custodial rights by undergoing a lengthy process in the Arizona courts. The first step is establishing paternity.
How to Establish Paternity?
Several methods could be followed to establish paternity in Arizona.
Stipulating occurs when both parties agree on the child’s paternity. Once both parties formally agree on paternity, they can file a written order to establish a custody agreement. In order for this stipulation to be considered legal and valid, it must be a written statement witnessed and notarized by the appropriate courts. If evidence is presented at a courtroom hearing that contests paternity, a judge may overturn the ruling and dismiss the stipulation.
If there is no paternity agreement, one party must submit a petition to establish paternity. Once having done so, there are two ways to determine whether the man in question should be considered the biological father of a child. Either all parties involved could undergo genetic testing, or we could look at the birth certificate. So long as six months have passed since the birth certificate was originally signed, if the man’s name is on the child’s birth certificate, he will typically be considered the biological father of that child until proven otherwise. However, if the birth certificate cannot be used to clearly establish paternity, the courts may order a paternity test. This is typically accomplished through DNA testing. To scientifically establish paternity, the test must provide a 95% chance or higher probability that the man in question is the child’s biological father.
Are There Benefits to Establishing Paternity for the Mother and the Child?
Raising a child can be expensive, especially if doing it alone. Unmarried mothers are not entitled to receive child support payments without proof of paternity. Also, children are unlikely to inherit assets from a man who is not legally recognized as their father.
When discussing establishing paternity, we usually consider its benefits for the men involved. However, mothers and their children would also benefit from established paternity, given that child support obligations would likely be ordered, providing a higher quality of life for mother and child.
What is Paternity Without Custody?
Fathers who have established paternity but have not completed a child custody case have limited rights as parents. In such cases, the mother will be considered the legal custodian, and she can determine the father’s access to their child. Despite this, the father still has a right to the child’s medical and school records. Additionally, the mother cannot relocate without the father’s permission.
For legal assistance in your child custody case, please contact our law firm to discuss your case in a consultation today.
How Will Child Custody Be Decided Once Paternity Has Been Established?
The Best Interests of the Child Standard is the guiding light by which all Arizona judges follow when rendering decisions regarding child custody cases. Once paternity has been determined, judges must consider several factors that may impact the child’s best interests, including:
- Accusations of abandonment
- Emotional bond between the child and each parent
- Failure or refusal to make child support payments
- History of domestic violence or abuse
- Relationships forged between the child and any siblings
- Severe alcohol or drug problems
- Special needs of the child
- The child’s ability to adjust to new surroundings and community, home, and school
- The mental and physical health of both parents
- The preferences of the parents and the children
- The relationship between the child and other significant family members like grandparents
- And more
Contact Our Law Firm to Schedule an In-Depth Case Evaluation Today
Unwed parents face many difficult challenges that their married counterparts do not. This is especially so for unwed fathers. If you are an unmarried man concerned about your parental rights, you must speak with a lawyer about establishing paternity and pursuing a child custody case. Our family law lawyers have extensive experience representing clients in complex matters such as paternity cases and child custody battles. To learn more about our legal services, please contact our law offices to schedule your initial consultation today.
You may reach us at 623-253-8718.
