Phoenix, AZ asked in Child Custody and Child Support for Arizona

Q: The father of my son is on the birth certificate we never been married what right does he have when it comes to custody

O decisiones on the child when there hasn’t been any court order

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1 Lawyer Answer
Peter W Davis
Peter W Davis
  • Mesa, AZ
  • Licensed in Arizona

A: In Arizona, the fact that he is on the birth certificate means that paternity has been legally established under the law. Generally speaking, This does give him some rights, however rights for parenting time and legal decision making still reside with Mother as the defacto custodian of the child. Any time he wants with the child is at your discretion for now. He does, however, have the right to school records, medical records, and other information similar about the child. He also has the right to petition the Court to obtain an order for parenting time and legal decision making access other than what he is being allowed. This is a very complex question with a lot of caveats and unknown information that could impact the answer in your particular case. Please contact an attorney for a more complete answer. Most attorneys who practice in this area will give you a free 30 minute consultation.

Rich J. Peters agrees with this answer

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