Legal Question in Family Law in Idaho

Re: Common Law and Child Custody

Arizona does not recognize common law marriages, except in very limited circumstances. However, you do have the right to assistance in the support of your child, upon the filing of appropriate documents with the Court. Please know that Arizona only allows you to seek back support for the past 3 years. Thus, it may be important for you to file sooner rather than later if necessary given all the circumstances.

Father also has the right to seek visitation and/ or custody rights, but must take appropriate steps to enforce such.

If you want to "safeguard" your rights, it does require Court orders. I can explain the procedures better by phone or in person. 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: Common Law and Child Custody

You have no common law rights for your time in Idaho, b/c Idaho has eliminated this old law after Jan 1, 1986. So you have no rights whatsoever in Idaho. Whether you have such rights in the other states you mentioned, I don't know b/c I don't practice in those states. the trend however is against common law marriage.

Re: Common Law and Child Custody

Thank you for your inquiry.

It is my understanding that AZ only recognizes common law marriages that were validly "performed" (for lack of a better word) in a state that allows and recognizes common law marriages (e.g. if State X recognized common law marriage and you were married there, AZ would also recognize the marriage). But CA and ID are not common law states. Therefore, Arizona will not recognize a marital relationship between you and the father.

You can marry in AZ for full rights here. If you decide to remain unmarried (or if you split up), one of you will have to bring an action for Paternity in the court to establish legal paternity, custody, visitation and child support. In general, the mother is presumed to have legal custody in paternity cases until the father's rights are established.

Even if you guys are not splitting up, there are other reasons you might want to consider putting his name on the birth certificate and establishing paternity legally. For instance, if he were to die, it would be more difficult for you to prove the child's right to inherit without the name on the birth certificate.

If you would like to discuss this matter further, please feel free to contact me. (480) 792-9770 or [email protected].

/s/ Monica H. Donaldson, Esq.