Legal Question in Family Law in Arizona

This may sound like a circular answer, but if an unmarried father's name is on the birth certificate, this gives him the rights to ask for rights. He can file an action asking the court to establish orders relating to custody, parenting time and child support. It is always a good idea to consult with an experienced attorney to determine the best course of action.

The answer depends on whether father has filed a paternity action to establish that he is the father of the child. Being on the birth certificate does not necessarily spell out his rights. Does mother have a parenting order? Has father ever paid child support or spent time with the child? Answers to these questions are important because Mother may want to file an action to terminate parenting for Father if he has not been in the child's life and has never provided support. If she would like to discuss this with me, she can call our office and Stephanie Coulter will arrange a time for us to chat. She can call us at 602 462 1004.

In order to gain his rights, AT THIS POINT, he needs to file a Complaint in Paternity. There is an Arizona statute pending which will change that. BUT, until something is filed, there are no ORDERS in place re child support, access, etc.

Even though there are no Orders, please take care in that (1) Dad should still be providing some manner of financial support, and (2) Mother should not be unreasonable restricting Father's access to the child. Everyone's actions at this point may be relevant to the Court when something finally is filed.

We can certainly help you consider and then pursue your options. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Alicia or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/Rich J. Peters

Attorney at Law

1422 N. 2nd Street Suite 100

Phoenix, Arizona 85004

(602)254-7251

Fax (602)254-1229

www.familylawaz.com