Parenting comes with many challenges, and for unmarried parents, legal concerns can add an extra layer of complexity. Many parents are surprised to learn that custody laws in Arizona for unmarried couples differ from those for divorcing parents who have children born during the marriage. In Arizona, child custody is defined between the legal rights of decisions and the parenting time with the child(ren). It used to be called legal custody and physical custody however those terms have been supplanted by the terms legal decision-making and parenting time, and unmarried parents must take legal steps to secure their parental rights.
Without a court order, there is no direction to determine which parent has full legal decision-making authority. Fathers are often discriminated against because they have no court-defined legal rights, even if they are listed on the birth certificate. If there is a domestic dispute, often the police will give the child to the mother, because there is no defining Court Order and they must do something to “keep the peace”. Thus, establishing these rights is critical to ensuring both parents can co-parent effectively and provide stability for their child.
Understanding Legal Decision-Making and Parenting Time
Arizona family law focuses on legal decision-making and parenting time rather than traditional custody terms:
- Legal decision-making determines which parent has the authority to make major decisions regarding the child’s education and schooling, healthcare, and religious upbringing and activities. These rights can be divided between the parents or ordered joint, or sometime with one party having the final decision if they disagree on certain decisions that remain controversial between the parents.
- Parenting time refers to the schedule of time each parent physical possession of the child(ren). Arizona courts encourage shared parenting time when it is in the child’s best interest. If the parties are unreasonable, often the default position for the court is to order equal time and usually with a 2//5/5/2 scshedule.
- Unlike married parents who have automatic rights, unmarried parents must establish these rights through family court in an Establishment of Paternity matter. .
Paternity and Maternity Cases in Arizona Family Court
For unmarried mothers, legal rights are automatic at birth. However, unmarried fathers must establish paternity before seeking the rights of legal decision-making or parenting time rights with their child. Simply signing the birth certificate is not enough to secure parental rights.
Paternity can be established in one of two ways:
- Voluntary acknowledgment: Both parents sign an official form recognizing the father’s legal status. However, a court order still must be acquired in family court in Arizona.
- Court-ordered paternity test: If paternity is contested, the court may require DNA testing before awarding parental rights. When the test shows a percentage of parentage in the high 90s, then the court will accept that this man is the legal and biological father who is entitled to establish rights and obligations including child support.
Once paternity is established, the parents can work together on a co-parenting plan that determines legal decision-making responsibilities and a parenting schedule. McMurdie Law enjoys helping young parents to work with one another to create an effective Parenting Plan that support the work schedules and many other important factors customized for the Parties.
How Child Support Is Determined for Unmarried Parents
Both parents are financially responsible for their child, regardless of marital status. Once paternity is confirmed, the court will establish child support obligations based on:
- Each parent’s income and earning capacity
- The amount of parenting time each parent has
- The child’s medical and educational expenses
- The day care expenses can be included so that recipient of child support is responsible to pay the day care
- Any other financial support provided for the child’s well-being
The Arizona Child Support Guidelines ensure that financial obligations are fair while keeping the child’s needs as the top priority. Whether you are seeking to establish child support or ensure that the calculation is fair, working with a lawyer for child custody can help protect your rights.
Do Unmarried Parents Have the Same Rights as Married Parents?
Many parents assume that Arizona law treats unmarried and married parents the same when it comes to parental rights. However, unmarried fathers do not have automatic rights to decision-making or parenting time without a court order.
- If no legal order is in place, the mother may retain full legal decision-making rights, and the father has no enforceable parenting time if Mother decides to minimize Father’s time with the child.
- Fathers must petition the court to obtain equal parenting time and decision-making authority.
- Arizona courts do not assume that joint custody is automatic even though it is a preferred fall-back position. Parents must demonstrate that co-parenting is in the child’s best interests.
Taking proactive legal steps ensures that both parents can be involved in raising their child.
A Case Example: A Father Fighting for His Rights
One father we worked with—a young local business man in a county outside the larger county of Maricopa—was committed to raising his child but had never been married to the mother. He was excited to be a father, however was uncertain he was in fact the Father. So even though he was committed to parenting, he still insisted on a DNA test that was 99.99 percent positive. When their relationship ended, he was shocked to realize that he had to establish his parenting time or decision-making rights in the county superior court in Arizona. He did not want to risk that the mother might limit his involvement with his baby, so he started the paternity even before the baby’s birth.
After working with our legal team, he filed for paternity, legal decision-making, and parenting time as soon as the baby was born. The court recognized his role as a father and granted him equal parenting time, ensuring that he remained a significant part of his child’s life through a court ordered that adopted the written Stipulated Joint Parenting Plan prepared by Father’s attorney and approved by Mother’s attorney.
This case highlights the importance of taking legal action to protect a father’s rights. Without court orders in place, unmarried fathers may have no legal standing in their child’s life.
The Role of a Lawyer for Child Custody
Whether you are a mother seeking a structured parenting plan or a father striving to establish parental rights, having legal support is essential. A family law attorney can help:
- Establish paternity so that fathers have enforceable parental rights.
- Create a parenting plan that outlines decision-making authority and a fair parenting time schedule that provides support to the parents work schedules and the best interest of the child.
- Ensures proper and legal child support calculations based on Arizona’s Chidl Support Guidelines.
- Protect parents in contested cases, where one party refuses to cooperate.
Establishing a legally binding parenting plan provides stability for your child and helps both parents co-parent effectively.
Contact McMurdie Law & Mediation Today
At McMurdie Law & Mediation, we help unmarried parents secure their parental rights and create co-parenting solutions that benefit both parents and children. Whether you need assistance with legal decision-making, parenting time, or child support, our team is here to help.
Call McMurdie Law & Mediation today at (480) 777-5500 to schedule a consultation and take the first step in protecting your parental rights.