In Arizona, unmarried fathers face a unique set of legal challenges when it comes to establishing their rights with their children. If you’re a dad who wasn’t married to your child(ren)’s mother at the time of their birth, you may be surprised to learn that you don’t automatically have legal rights—even if you’re an involved and loving parent.
At McMurdie Law & Mediation, we work with fathers across Arizona to help them protect their relationships with their children through legal action, cooperative parenting plans, and support agreements. If you’re unsure where you stand, here’s what you need to know about fathers’ rights when paternity hasn’t yet been established.
Why Establishing Paternity Is the First Step
Under Arizona law, paternity must be legally established before a father can request from the court parenting time, legal decision-making, or have any enforceable rights to his child. If you weren’t married to the child’s mother, you are not presumed to be the legal father—even if your name is on the birth certificate. Conversely, if you are married, you are presumed to be the biological father of any child your Wife bears, even if it is not your own.
There are two main ways to establish paternity:
- Voluntary Acknowledgment – Both parents sign a legal document (usually at the hospital or through the court), affirming the father’s biological relationship. But signing an acknowledgment does not prove you are the biological father, and is not a substitute for a court order establishing your rights and obligations as the child(ren)’s father.
- Court-Ordered Paternity – Either parent can file a Petition to Establish Paternity. If paternity is disputed, genetic testing may be ordered by the Court or you can request the court to order a DNA test to ensure you are the father. In most paternity cases, Fathers want that assurance, even if they alone have been with the Mother during the potential time of conception of the child(ren).
Once paternity is established, the door opens to legally securing your fathers’ rights—including parenting time and involvement in key decisions about your child’s upbringing.
Fathers Have the Right to Parenting Time and a Say in Decisions
After paternity is confirmed, a father can request both legal decision-making authority and parenting time. Arizona law no longer uses the term “custody.” Instead, the court focuses on two main concepts:
- Legal Decision-Making – Who makes major decisions for the child (medical, education, religious and activities).
- Parenting Time – The schedule for when the child spends time with each parent.
The law in Arizona presumes that a child benefits from having meaningful contact with both parents. That means unmarried fathers have just as much right to request joint or sole decision-making and substantial parenting time as mothers do.
What About Child Support?
With rights come responsibilities. Once paternity is legally established, child support obligations may follow. Arizona uses a formula based on both parents’ income, the amount of time each parent has with the child, and other factors like healthcare and daycare costs. Understanding the nuances of the Arizona Child Support Calculator is important and it is best to consult with an attorney who has experience with it. It is in the details that can control your eventual financial child support obligation.
Child support for your child isn’t meant to be punitive. It’s intended to ensure that your child has financial stability regardless of which parent they’re with. Working with an attorney can help you ensure support orders are fair, reasonable, and based on accurate financial information.
Support for Arizona Fathers
Whether you’re trying to establish paternity, gain access to your child, or resolve child support concerns, you don’t have to face it alone. McMurdie Law & Mediation offers legal representation and mediation services for fathers who want to be active, respected participants in their children’s lives. We love providing guidance and representation to Fathers who wan to be involved in their child(ren)’s lives.
Contact McMurdie Law today to schedule a consultation and learn how to protect your fathers’ rights under Arizona law.
Your role matters. Let us help you secure it—legally and meaningfully.