questions & answers

Question: I am an unwed mother . My daughters fathers name is on the birth certificate. a paternity test was positive but only child support is legal and current. I was told I have sole custody and that he has no rights. Can he take her out of school without my permission just because he is on the birth certificate There have been no legal custody papers filed or requested by him. But the school is telling me that he can take her anytime because he's on the birth certificate. She is thirteen years of age and the court ordered child support was the only legal action taken over 12 years ago

Answer: For more legal instruction in your specific case consult a Family Law attorney.  Generally, custody needs to be established through court when there is a question of who has sole custody and decision making rights.

Parents have rights regarding their children regardless of whether they share joint custody or one parent has sole custody. Arizona law spells out many specific rights, such as parenting time and the right to access medical information. See A.R.S. 25-401 through 25-415.   However, there is no statute specifically providing a right to know who else lives with a custodial parent. Nevertheless, courts are free and able to define the rights and obligations of parents regarding custody, child support, and parenting time. These rights and obligations can be found in the court order(s) issued in a specific case. Any limitations on a parent’s rights will be found in such an order. Any issues or questions which are not addressed by statute or court order should either be worked out between the parents or, failing agreement, in court. If a specific issue has arisen regarding parental rights, an attorney should be consulted to determine whether your parental rights may have been violated. For general information on parental rights, consult the AZLawHelp article “Things You Should Know About Custody and Parenting Time.”