Parental Rights & Obligations

questions & answers

Question: My daughters father hasn't been in her life for 7and a half years. If anything where to happen to me I wouldn't want her going to him. I can I have full rights? I don't even know his wear abouts

Answer: In Arizona if the mother and father are not married at the time the child is born, custody is presumed to lie with the mother. In order to obtain a legal order for custody of the child or for parenting time, the father must file a petition for paternity with the court. If the court finds that the petitioner is indeed the father of the child, they can order a change to the existing child custody arrangement. However, if the name of the father is listed on the birth certificate the court will assume that individual has paternity unless there is a petition and finding to the contrary. If there is someone other than the father that you wish to have custody of the child in the event that something happens, you can write this into your will or living trust. Unless the father contests this custody arrangement, the child will likely go to the individual specified in your will. If the custody is contested there may be a hearing to determine who will have custody of the child. In cases regarding child custody, 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 For more information about child custody, visit: http://www.superiorcourt.maricopa.gov/superiorcourt/self-servicecenter/forms/familycourt/fc_group_6.asp