Unmarried Parents' Rights

Arizona Child Custody Rights Between Unmarried Parents

As compared to the rights of divorcing spouses or former spouses, there are important similarities as well as differences concerning the rights of unmarried parents to child custody under Arizona law. Whether you are a noncustodial parent trying to get stable and reliable access to your child, or a custodial parent who needs information about your obligation to provide access to a noncustodial parent, contact Phoenix child custody lawyer Scott David Stewart.

Before paternity is formally established, whether by the father's acknowledgment or by a court finding of paternity--usually to enforce child support obligations--an unmarried father has no enforceable rights of physical custody or visitation with his child. It is critical that unmarried fathers understand this important distinction. This distinction can dramatically affect your rights to your child. Contact Law Offices of Scott David Stewart to learn how you can protect your parenting rights under these circumstances. In the majority of cases, the father maintains a meaningful relationship with the child anyway, but if he is not living with the mother he can be subject to the mother's discretion or whim concerning his access to his child. The domestic circumstances of either or both parents can further complicate custody and visitation arrangements between unmarried parents. Therefore, there may be critical issues in your case involving a child and unmarried parents. Depending on the facts of your case, a parent could possibly relocate to another State with the child without your consent. There are many critical, time-sensitive issues in your case that you may not be aware of. At Link to practice area, we will work with you to resolve emergency issues that arise in your case to preserve your rights as a parent. The Law Offices of Scott David Stewart has experience in cases in which an unmarried parent wrongfully relocates the child to another state without the consent of the other parent. In these types of cases, emergency measures may need to be taken. Previously, the Law Offices of Scott David Stewart was successful in which a mother wrongfully fled Arizona with the child without the consent of the father. In that case, the Court ordered Mother to return the child to Father within 48 hours, awarded Father temporary sole legal and physical custody.*** Contact Law Offices of Scott David Stewart to determine if your case requires immediate intervention.

Additionally, when unmarried parents have a child and paternity, custody and parenting time have not yet been established, the instability and unpredictable nature of each parent's access to the child could be detrimental to the child. Contact, Law Offices of Scott David Stewart, to see what steps need to be taken to obtain a Court Ordered parenting schedule in which both parents are assured of an access schedule and the child benefits from a defined, predictable schedule of access with each parent. More important, however, is the understanding that you are no longer dependent on the mother's good will to maintain and strengthen your relationship with your own child.

If you are an unmarried father who wants to establish equal and shared child custody, or a stable parenting time schedule, family law attorney Scott David Stewart can help you. If your paternity has not yet been legally established, you have the right to do so on your own initiative. Even if paternity has been established and you are paying child support, it is still necessary to petition the court for an order granting parenting time. You can even seek to gain primary custody, if there is a good reason to believe that the court will find that it is in the child's best interest to remove the child from his or her mother's home. The factors that the court must consider in child custody or visitation disputes between unmarried parents are substantially the same as those applied in Arizona divorce cases.

The amount of parenting time a party has can greatly affect the amount of child support that is awarded. While a parent should not solely base their desire for parenting time to reduce child support, contact Law Offices of Scott David Stewart to learn how the amount of parenting time you have may increase or decrease your child support obligation.

Scott David Stewart can represent either parent in child custody or parenting time disputes. For more information about your rights and legal options, contact him in Phoenix.