Can an alleged father seek custody of a neglected child in Arizona?

Full question:

Can an alleged father file to have his child return to him when there is evidence of neglect? This young man is 9 years old and my daughter is incarcerated in Arizona. The alleged father is not on the birth certificate, he has filed Forpre-Decree, temporay order without notice for child custody. I have a notorized letter form my daughter giving me temporary custody.

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: California

Answer:

Unmarried fathers have rights similar to those of married fathers. If a father is not listed on the birth certificate, he can seek to be added by contacting the state Bureau of Vital Statistics. Paternity can be established through a written acknowledgment or by filing a civil lawsuit. Generally, a father must establish paternity to seek custody or visitation rights.

When a child is born to an unmarried mother, she typically has custody unless paternity is established. Even after paternity is established, the mother may retain custody until a court order states otherwise. Once paternity is confirmed, a father can seek custody or visitation.

In custody cases, the court considers the best interests of the child, including factors like parental unfitness or potential harm. If the parties cannot agree on custody or visitation, the court can be petitioned to resolve the matter.

Parents are legally obligated to support their children, regardless of their marital status. If parents cannot agree on child support, the court can determine the amount. A power of attorney can allow a non-parent to make decisions for a child temporarily.

Terminating a father's parental rights for neglect is complex, and legal counsel is recommended. It is advisable to consult an attorney who can review the specific circumstances and documents involved.