One of the most difficult issues to navigate after a divorce is the ongoing care for children. It becomes even more difficult for unmarried parents when they separate. You have to make decisions about parenting time, healthcare, the child’s education, and even religious training. The Arizona custody laws for unmarried parents provide a framework for legal decision-making and parenting time. In this article, we cover everything you need to know.
Basics of Arizona Child Custody Laws
The AZ child custody laws for unmarried parents who are separating are largely the same as married parents going through a divorce. However, several issues may arise in establishing the paternity of the child.
When the paternity is already established, the legal decision-making process and parenting time laws are the same for both married and unmarried parents. Specifically, both parents have legal decision-making authority, which means they participate in child-rearing decisions, including healthcare, education, and religious upbringing. They must also determine the amount of time that each will spend with the child (parenting time), including over the weekends, school breaks, holidays, and any other days the parents would like to incorporate in their parenting time agreement.
When Unmarried People Cannot Agree on Child Custody
Parents in Arizona are generally encouraged to resolve issues related to legal decision-making and parenting time between themselves. However, either parent can seek resources from the court if they cannot agree or believe the child’s safety is at risk. In such a case, the parent must submit a proposed parenting plan to the court.
The parenting plan covers several issues, including how each parent would prefer to handle issues such as living arrangements related to the child. The Arizona Supreme Court provides a guide to developing a parenting plan, with guidance on specific issues such as relocation, holidays, and other special issues. However, it is best to work with an experienced family law attorney to help you draft the parenting plan. If the parents still do not reach an agreement, the Arizona court will determine legal decision-making authority and parenting time based on the child’s best interests. Some of the factors the court considers include the relationship with each parent,health and safety, the wishes in the case of older children, and their current adjustment to their home and community.
What are the Unmarried Mothers’ Rights in Arizona?
In Arizona, the mother of the child is automatically granted primary custody in unmarried couples. This grants the mother both the physical and legal custody of the children. Specifically, the mother can make decisions concerning:
- Place of Residence
- Where the child attends school
- Medical care, including mental and dental health care
- Child care programs, including camps during school breaks and after-school care
- Sports and other extracurricular activities
- Church attendance
- Vacations and travel
Although the law assumes the mother has custody in cases involving unmarried couples, it is not a foregone conclusion. If you are an unmarried father in the case, you may consider working with an experienced family lawyer to navigate the options available.
How Can You Prove Paternity for Unmarried Fathers?
The AZ child custody laws for unmarried parents state that the legal custodian of a child born out of wedlock is the mother. However, unmarried fathers can prove paternity to establish custody in either of the following ways:
Presumed Paternity
An unmarried father’s paternity is presumed if:
- A DNA test affirms a 95% likelihood that he is the father
- Both unmarried parents name the father in a notarized or legally witnessed document
- Both unmarried parents sign the child’s birth certificate
- Both parents agree to paternity and are before the court on a related matter
Court-ordered paternity testing
Court-ordered paternity testing in Arizona happens when either parent requests it. Other individuals or entities who can request testing include:
- The child’s guardian or conservator
- A public welfare official or agency
- The State
- The court determines legal decision-making authority and calculates child support
Hire Arizona Family Lawyers You Can Trust
The needs and circumstances of every family are unique. At Schill Law Group, our family lawyers are experienced in Arizona custody laws for unmarried parents and are ready to guide you through the process. Get in touch with us today and let us help you reach the best decision for your child’s continuing care.
