Full question:
I gave birth to my son in Arizona in February of 2003. I was not married to his father. In 2004, the father petitioned for paternity but failed to keep up on court visits and paperwork. I believe the case was dropped. What are my custodial rights as Josh's birth mother?
- Category: Paternity
- Subcategory: Parental Rights
- Date:
- State: Arizona
Answer:
As an unmarried mother in Arizona, you generally have sole physical custody of your child unless the father takes legal steps to establish his rights. Since the father petitioned for paternity but did not follow through, it is likely that he has no current custody or visitation rights.
In cases where parents are unmarried and no custody order exists, the biological father has no legal rights to custody or visitation until paternity is established. This means he cannot require you to notify him about decisions regarding the child, such as an abortion, nor is he obligated to pay child support until paternity is legally confirmed.
If the father wishes to gain custody or visitation rights, he must take action to establish paternity through the court system. In Arizona, this can be done through the Superior Court or relevant state agencies. Until then, you retain your custodial rights as Josh's birth mother.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.