Unmarried Parents
Imagine a situation where a father takes his child to the park. He watches her go down the slide and pushes her on the swing. Suddenly he hears a siren behind him and a police officer approaches him asking for his name and ID. He is arrested and informed that he is being charged with custodial interference. The police take his little girl away from him, and they take her back to the mother. The parents had an argument that morning and she called the police to get her daughter back. Legal? Probably…if the parents are unmarried.
In Arizona, a father who is not married to his child’s mother has no legal right to the child until paternity has been established.
This is the wording of the statute:
13-1302. Custodial interference; child born out of wedlock; defenses; classification
A. A person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person does one of the following:
1. Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution.
2. Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.
3. If the person is one of two persons who have joint legal custody of a child takes, entices or withholds from physical custody the child from the other custodian.
4. At the expiration of access rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian.
B. If a child is born out of wedlock, the mother is the legal custodian of the child for the purposes of this section until paternity is established and custody or access is determined by a court.
This has significant ramifications. It may mean the mother may give the child up for adoption, take the child away from the father, or make any other significant decisions all without the father’s consent or permission. Deciding to claim legal paternity is an important step for any father to take to ensure that his parental rights are protected. He should also know the duties that he is accepting with those rights. It is important for both parents to understand what their legal rights and responsibilities are and how to protect them. Contact the attorneys at the Best Law Firm (480) 219-2433 to determine the best way to move forward on questions regarding paternity and parental rights. Experienced attorneys will provide a free telephone consultation.
Having an official declaration of paternity will often lead to questions of legal custody, parenting time and child support. The courts do not always explain custody in terms of legal and physical custody but it is easier to grasp when you understand the two separate concepts. One is legal custody: who makes the legal decisions for your children such as health and education. The court or you and your partner can decide that it is either joint or sole custody. In joint custody, you and the other parent will make all decisions together after consultation. In sole legal custody, one parent has the legal right to make all decisions.
Physical custody involves where the children live and when they see each parent. Again, it can be joint physical custody in which the children live with each parent approximately the same amount of time. If one parent has primary legal custody, then the other parent has parenting time. This is a less than 50-50 parenting schedule. So, the two choices are either joint physical custody or primary physical custody with parenting time for the other parent. Legal and physical custody can be handled in a variety of ways. You can have sole legal and joint physical custody. You can also have joint legal custody and one-parent, primary physical custody.
WHAT TO DO IF YOU ARE AN UNMARRIED FATHER
There are a number of ways to gain legal recognition as the child’s father. The most common, and also the easiest, way is possible when the mother and the father both agree who the father is. When there is agreement, and both parents are willing to work together, it is just a matter of getting the right paperwork to the right place. The parents can sign an Affidavit of Paternity and file it with the court. The court will also want to know the parenting time and custody arrangements as well as the child support.
If both parents are willing to work together the next step is simply to get the documents together. Whenever you are dealing with official documents it is a good idea to have experienced family law attorneys help you to make sure that everything is done correctly and that you understand the consequences of what you are signing.
Decisions regarding children can be the most important made in life. They have long lasting effects both on the adult and on the child. As you are trying to decide what is best for you and for them in terms of legal recognition call the Best Law Firm (480) 219-2433 where you will get the necessary advice and guidance on your legal rights and responsibilities from experienced lawyers who care about you.
FREQUENTLY ASKED QUESTIONS FOR UNMARRIED PARENTS (FAQ)
Q: What can the attorneys at Best Law Firm do for me?
A: It is important to have attorneys explain to you what the consequences will be of any legal action. Even if a legal action is simple, it can have important consequences down the road. The attorneys at Best Law Firm will be able to explain this to you and help you fill out any documents and submit them to the court thus simplifying the process for you.
Q: My girlfriend just had our baby. We are not married, what are my rights?
A: You have no parental rights until paternity is established. That does not mean, however, that the Father should be denied time with the child. A later determination about disputed custody will include the court reviewing how each parent treated the other parent with regard to access to the baby or child. If a parent denies the other parent time with the child for no good reason, it will be reviewed at a later date regarding custody. Good reason could include domestic violence, drug abuse, mental illness, criminal behavior or child abuse.
Q: My name is on the birth certificate signed by the hospital staff; doesn’t that prove I am the father?
A: If it is uncontested, yes it does.
Q: Can I really be charged criminally for having possession of my own child?
A: Yes, it is possible if you are the unmarried father and there are no written agreements or court orders in place.
Q: If I obtain paternity does that mean I can be required to pay child support?
A: Yes, it will. Every parent must pay for their children, whether they live at the house or whether you must pay the other parent who cares for them.
Q: Does it matter how old my child is?
A: Not as long as he/she is a minor. Arizona law allows parents to establish paternity anytime during pregnancy up until the child turns 18.
Q: Is it free to submit this paperwork for the state.
A: No. The state does charge a fee depending on what paperwork is required to prove paternity.
Q: Can we do this without the court?
A: Yes, you may be able to draft a legally binding agreement, signed by both parties, without filing it with the court. It is not however, a court order unless a Judge signs off on your agreement.
Q: Can I do this without an attorney?
A: Yes, you can find the necessary paperwork on the Maricopa County website.