What rights do I have to my child if not married to the mother?

On Behalf of | Nov 1, 2019 | Family Law

Arizona does have some laws for fathers to see their child regardless of marriage state. Regardless of the reasons you chose not to marry the mother of your child, you still have certain rights to see that child. The court keeps the best interests of the child as its focus in determining visitation and child custody agreements.

The Arizona Legislation provides a variety of family laws focusing on child support and visitation. Section 25-408 discusses parental rights including access to prescription medications, child relocations and parenting time. The court can award you joint or sole legal decision-making and parenting time.

A court order or written agreement can enforce your legal parental rights. Before your child’s mother can move them within the state more than 100 miles or across state lines, they must provide you with written notice 45 days or more in advance. The court may grant or deny the mother from relocating.

Even if the mother relocates with the child, you still have a right to see your child under your original agreement. Should she fail to properly notify you of the move, the court can impose sanctions upon her. You can petition the court up to thirty days after receiving the notice of relocation.

Nowhere does the court differentiate between wed and unwed parents. While you may have to prove your paternity if not married to the mother, the court does not deny you access to your child unless there is a reason to do so such as domestic violence. This information is only intended to educate and should not be interpreted as legal advice.