Legal Question in Family Law in Arizona
Visitation rights for unwed father
I have a 5 month old babt girl....Paternity has been established via consent of mother and myself. My name is on birth certificate. We have not yet gone to trial to establish parenting plan or visitation/custody/child support. Mother insists that I visit my daughter under her supervision at all times. I visit my daughter one hour everyday at moms home, however, the enviroment becomes increasingly hostile as mother berates me and sabotages all visits. Mom called police today b/c I told her that I was taking dtr out of home for visit. What are my rights if any, to visit my daughter in a non-hostile environment. I continue to agree to all terms mother has set forth to avoid major power struggles, but feel that I need to be able to excersize some rights as a father. I want to spend quality bonding time with Emily (daughter). Mother states that I don't have rights at this time b/c we're unwed and she is custodial parent.....Please advise, and thank-you!
1 Answer from Attorneys
Re: Visitation rights for unwed father
If you have paternity established, then you of course have a legal right to access to your child. Unfortunately, since you have no Court orders, there is really no way to combat Mother's restrictions.
HOWEVER, her behavior should have repercussions. Once you get in front of a Judge, I would recommend that you put alot of effort into showing that you have made reasonsable requests which have continually been denied.
The first step is to get in front of a Judge, as soon as you can, to get some orders established regarding custody and support. I would also advise that you pay the Mother some support (despite her behavior) on a monthly basis prior to any hearing.
Please call me directly if you would like to discuss how I can help you in this matter.
/s/ Rich J. Peters, Attorney