Parental Rights & Obligations

questions & answers

Question: My ex-wife has primary custody of my two children and is living in the same household with another man. As the father of my children do I have any rights to know who this individual his (i.e. surname)?

Answer: 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.” 

QUESTIONS

  • My ex-wife has primary custody of my two children and is living in the same household with another man. As the father of my children do I have any rights to know who this individual his (i.e. surname)?

STORIES

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  • State Bar of Arizona
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