Signed paternity confirmation forms are stored in the hospital`s paternity program database. The hospital`s paternity program can be reached at 602-771-8181. The appellant must be willing to provide his or her name, date of birth, social security number, as well as the child`s first and last name and date of birth. If there is a signed confirmation for the child in question, it may be made available for printing, including a certified copy. Please contact us if you have general questions about custody. Sole custody must be qualified because there are several circumstances that people call sole custody. Four conditions must be met for a non-parent to apply for legal decision-making rights or the placement of a child: If your case is contested, you and your lawyer can provide evidence of each of these factors at the custody hearing or trial. When the court makes its decision, the judge is required to cite his or her findings on these factors and the reasons for his or her decision. In Arizona, the law recognizes the same rights of fathers during separation and divorce.
The fact that you may have worked full-time during the marriage so that your wife can stay at home to care for the children is not blamed on you when it comes to determining legal decision-making and parenting time. Arizona courts no longer follow the “tender years doctrine,” which favored mothers when it came to determining parenting plans for young children. The mother and father are considered equal under the law, and both may qualify for a parent with the principal residence. Courts cannot favour one parent over another and must consider the facts of each case when making their decision. Both the courts and parents should focus on the well-being of children. Fathers play a very important role in the healthy development of their children. While state laws have been changed to provide greater support for co-parenting, some courts still have work to do to catch up. The help of Cantor Law Group`s experienced lawyers could help you build a strong case so you can protect your rights as a father.
Contact us today to arrange a free consultation by calling 602.254.8880. If you are able to reach an agreement with the father of your child, it will be assumed that you have joint legal decision-making and equal parenting time. This program is designed to educate parents about the effects of divorce, family reorganization, and court involvement on children. Parents who have a child together (under the age of 18) must participate in the program if they are involved in divorce, legal separation, paternity, custody, parental time or child support.1 Parents may be required to pay a fee of $50 or less to participate in the program, fees may be deferred or waived.2 Parents, those who do not participate in the program may be held for contempt of court, some court applications or other sanctions may be denied.3 Note: If the child`s home state is not Arizona and you have fled to Arizona, where you have obtained a temporary emergency custody order, The Arizona order may remain in effect until a final custody decision is obtained from the home state. Arizona`s injunction can potentially become a final custody order if six months have passed AND: Arizona protection orders are issued to petitioners who seek to protect themselves from harm or threat of harm (explained in more detail here). Arizona`s protection orders do not address legal decision-making or parenting time issues.1 Perhaps. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) specifically addresses Arizona`s jurisdiction over your child. Our supreme courts can exercise jurisdiction if: Yes, it is possible if he has not proved his paternity and if there are no written agreements or court orders. When deciding whether or not to grant access to a third party, the court attaches particular importance to the opinion of the legal parents, which is in the best interests of their child, and takes into account all relevant factors, including: The law assumes that it is in the best interests of the child that both parents raise the child.
The law no longer favours the mother or father in terms of custody, as long as the agreement is in the best interests of the child. In addition, many States take preference for joint custody. If a mother wishes to establish sole custody, she must explain why joint custody would not be in the best interests of the child. Usually, yes. Whether or not a custodial parent has access to the child`s school records, medical records, prescription drugs, court records, and police records may depend on what your legal decision-making and parental leave agreement say. If your legal decision-making and parenting time schedule is silent on this fact, both parents will have access to these types of child records. In fact, if you do not comply with a reasonable request under these records, you may be asked to reimburse the requesting parent for the legal fees and attorneys` fees that the parent spends to compel you to comply with this law, and you may also be penalized by the court. Compliance with this section.1 A father who has established paternity but not custody has limited rights over the child. The mother is still the legal guardian and can determine the father`s relationship with the child. However, the father is entitled to the child`s school and medical records.
Nor can the mother move without the father`s permission. You can apply for legal decision-making and parental leave (custody) either in the civil court or, if you are in the process of divorce, in the Supreme Court where the divorce case is heard. Most often, legal decisions regarding decision-making and parental time (custody) are made by a judge when the parents apply for legal separation or divorce without marriage, or when the parents ask the court to change a decision on legal decision-making and parental leave (custody) made in a previous separation or divorce case. Legal decisions on decision-making and parental leave may also be ordered when one of the parents files an application for paternity or maternity.1 Courts generally assume that it is in the best interests of the child to have both parents regularly and therefore prefer to grant some form of legal decision-making and parental leave to both parents. The courts will only deny parenting time if there is substantial (significant) evidence that parenting time would be detrimental to your child. If there is an agreement and both parents are willing to work together, it is simply a matter of getting the right documents in the right place. Parents can sign an affidavit of paternity and file it with the court. The court will also want to know the parental time and the modalities of legal decision-making as well as child support. Another option is to set up a meeting without his wife and try to discuss the issues with him.
If there is no progress, you need to consider your legal options. If a child is 16 years old and is approaching emancipation, the court may not give you the desired result for the remaining time for co-parenting, but it is still an option. Once a single father establishes paternity and submits a motion for determination, he can obtain rights over the child. There are a number of ways to establish paternity as the father of the child. The most common and also the simplest way is possible if the mother and father agree on who the father is. Again, this can be a joint arrangement or equivalent in which children spend about the same amount of time with each parent. Note: Even if one of these situations is true, paternity may be dismissed by the judge if there is “clear and convincing” evidence to believe otherwise.2 No, it is not the same, and here is the difference between the two. The parent who is granted custody has the right to make important decisions regarding the child`s upbringing, including religious affiliation, education, health care providers, etc. With regard to the living conditions of the child, the parent entrusted with custody has the rights and obligations necessary to manage all aspects of the child`s daily care. If a single mother applies for child support through a court order, paternity must be established. Sometimes fathers are not ready to stick to it because they do not want to financially support the child.
Mediation is a process in which parents try to reach an agreement on their child`s legal decision-making and parenting time. Mediation usually involves the help of a qualified professional (a “mediator”) who leads the discussion process between the parents and tries to reach a compromise that both parents are satisfied with. Mediation is not required for legal decision-making and parenting time cases in Arizona. Decision-making and parental leave can be managed in different ways. You can have only one legal decision-making and the same parental time. You can also make joint legal decisions when one of the parents spends more than 50% of the time with the child. Paternity can be established in court if a woman who is pregnant or who has already given birth to the child applies for a declaration of paternity and: Yes, in a conflictual case, there is a parental coordinator to help you. Parents need to implement a parenting plan, but sometimes their level of conflict is so intense and persistent that they can`t do their job.
If a conflict interferes with parents` ability to make decisions in the best interests of their child, Rule 74 of the Arizona Family Law Rules procedure allows a parent coordinator to be involved in the case. .