questions & answers
Question: As an unmarried mother with physical custody and no court orders- do I have to allow the father visitation?
Answer: Unless there are court orders specifying who has legal decision making rights and a visitation order, the law presumes both parents have an equal right to custody of the child.(Arizona Revised Statutes, sections 25-401 to 25-403) One parent cannot deny the other access to the child unless there is a court order allowing the action Arizona law states that the 14th Amendment of the Constitution safeguards a parent's rights in the care and custody of their children. (Cruz v. Garcia, Ariz. App. 2016).In answering your question, I am presuming that the child's father is legally the father. Either you were married at the time of the child's birth or his name is on the birth certificate. You may greatly benefit from talking with a lawyer.
As an unmarried mother with physical custody and no court orders- do I have to allow the father visitation?
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program