Legal Question in Family Law in Arizona
Parental rights of a father, when the mother is under age
My nineteen year old son was dating a sixteen year old girl. They moved into her mothers house and lived together. They ended up having a child together. My sons name is on the birth certificate.
What rights if any does our son have? What rights do we have as grandparents? My son recently moved to Utah and she came with him for two weeks and then left and went back to Phoenix. Is there anything we can do?
2 Answers from Attorneys
Re: Parental rights of a father, when the mother is under age
Your son absolutely has rights: to establish his parentage (Paternity) and to seek either custody or access, as he believes to be in the child's best interests. Of course, he also has the obligation to assist in the support of the child. (He should of course be keeping track of all monies paid).
As Grandparents, you also have separate rights that take effect AFTER he established his parentage. You would then have the right to seek your own access rights with the child if you are unable to see the child while in Father's care.
I can explain the procedures better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations (which we can do by phone), in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
Re: Parental rights of a father, when the mother is under age
Your son is entitled to visitation rights with the child. He will also be required to pay child support for the child. Under Utah law you may be entitled to "grandparent" visitation, which is generally one weekend per month. However, since the child is an infant in Az, you will have to travel there for visitation, and will be limited to visitation appropriate to the age of the child. I do not practice in Az, and cannot tell you what their law is in this regard. Since the child now lives in Az, their law will probably be the applicable law.