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:
When a child's parents are unmarried, the statutes of most states require that the mother be awarded sole physical custody unless the father takes action to be awarded custody. An unwed father often cannot win custody over a mother who is a good parent, but he can take steps to secure some form of custody and visitation rights.
An unmarried man who impregnates a woman is referred to as an unwed father. Unwed fathers have few rights concerning their children. For example, an unwed father does not have the right to require the mother of the child to obtain his consent, or even notify him, before she undergoes an abortion. If the mother decides to bear and keep the child, however, the unwed father will be required to pay child support if a court determines or he acknowledges that he's the father; in addition, he has the right to visitation with his child and may seek custody.
When parents are unmarried and no order has been entered to establish parental rights, the biological father has no legal right to either custody or parenting time until paternity is established. He also has no legal obligation to pay child support to the mother until an order of paternity is entered. In Arizona, paternity can be legally established through the Superior Court, the Department of Health Services or the Department of Econom
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.
