Parental Rights & Obligations

questions & answers

Question: My former boyfriend has denied me and the baby since i was five months pregnant and as delivery time gets closer he's now threatening me with court and parental rights even though he's under the age of 18 and does drugs. What are his rights?

Answer:

A biological parent of a child has the right to petition for joint, joint-legal, joint-physical, parenting time, or sole custody. The court will order custody according to the best interest of the child, as stated in Arizona statute 25-403.  Definitions of different types of custody in the state of Arizona can be found under statute 25-402.

 In terms of drug use when determining custody of a child, Arizona statue 25-403.04, states:

 If the court determines that a parent has been convicted of any drug offense under A.R.S. title 13, chapter 34 or any violation of section 28-1381, 28-1382 or 28-1383 within twelve months before the petition or the request for custody is filed, there is a rebuttable presumption that sole or joint custody by that parent is not in the child's best interests. In making this determination the court shall state its: 1. Findings of fact that support its determination that the parent was convicted of the offense. 2. Findings that the custody or parenting time arrangement ordered by the court appropriately protects the child. B. To determine if the person has rebutted the presumption, at a minimum the court shall consider the following evidence: 1. The absence of any conviction of any other drug offense during the previous five years. 2. Results of random drug testing for a six month period that indicate that the person is not using drugs as proscribed by title 13, chapter 34. 

There are articles on this website than cover child custody, that can be reviewed for general information. Child custody cases are complicated matters; thus, speaking with an attorney may be helpful. One can find an attorney in the state of Arizona here.