questions & answers

Question: Okay everyone I have a question where downtown can I go to establish my parental rights over my 2 year old son,so his father could never take him from me. My son's father has been in prison for over a year a d 3 months and now h3 is out and trying to give me a schedule on how we should share our son and I feel with his drug use and past I don't feel comfortable with agreeing with him on his schedule besides I believe since I have been raising and providing for my son his entire life I should have the say of how the schedule should be.

Answer: If the parents of a child were not married, Arizona law presumes that the mother has full custody of a child.  It is possible for paternity of a child to be established through the courts at which point the father has legal rights to the child.

A schedule created between you and the father of the child (if you agree) may not have legal significance.  After paternity has been established, the father can file for custody or parenting time with the child.  

In cases regarding child custody and parenting time, it is the duty of the court to make a decision based on what they believe to be in the best interests of the child.

For more information on what a court will consider when making child custody decisions, read the full text of Arizona Revised Statute 25-403: http://www.azleg.state.az.us/ars/25/00403.htm

https://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/JuvenileCases/juv_jvd2.asp