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Scottsdale, AZ 85250

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Father's Rights

Whether you are a father or you are about to be a father, you have important legal rights and obligations towards your child. For years men were not considered child care providers. Historically women received preference in child custody disputes because the courts assumed women were the primary care givers. Now more men take an active and expanded role in the lives of their children. In fact, statistics show men are increasingly becoming primary care givers due to the fact that more women are working outside of the home.

Scottsdale Father’s Rights Lawyer

It is important to realize that you do have rights as the father of a child under Arizona law. Even if you had a child outside of marriage you still do have rights to co-parent the children and be acting in making decisions on their behalf. Contact the an experienced attorney at the Daly Law Firm to learn more about your rights. Find out how I can help you make sure your rights are protected in the family law courts for Phoenix and Scottsdale in Maricopa County, AZ.

I have helped many fathers in the following areas:


Father's Rights Information Center


How does an unmarried father find out paternity under Arizona law?

A father may voluntarily acknowledge paternity of a child under Arizona Revised Statute §25-812. If the mother is contesting paternity he may go to court and have an official court ruling acknowledging him as the father of the child.

Under Arizona Revised Statutes §25-803 a father has the right to ask the court for custody and visitation or parenting time as defined in Arizona Revise Statutes §25-408. With a finding of paternity a father will be entitled to see the child, but he will also be obligated to pay child support in most cases.


What is a presumed father?

Under Arizona Revised Statute §25-814 there are a number of instances where a paternity is automatically assumed. These circumstances include:

  • The man and woman were married at any time 10 months immediately before the birth of the child.
  • The child was born within 10 months after the marriage ended.
  • Genetic testing with at least a 95% probability of paternity.
  • Both mother and father signed the birth certificate of a child born out of wedlock.
  • A notarized statement signed by one or both parents acknowledging paternity.

Types of Custody Arrangements in Arizona

  • Sole Legal Custody is defined as a court order that requires one parent to be responsible for making legal decisions for the child.
  • Joint Custody is defined as a court order that allows for both parents to share on of the following:
    • legal custody; or
    • physical custody; or
    • both legal and physical custody.
  • Joint Legal Custody is definded under Arizona law as a court order that requires both parents to play a role in making legal decisions concerning the child.
  • Joint Physical Custody is defined under Arizona law as a court order which provides for the parents to share custodial time with the children often on a nearly equal basis.

Child Support in Arizona

When making child support determinations, the Courts for Phoenix and Scottsdale in Maricopa County consider the actual needs of the child and the finances of both parents. The main factors spelled out in the Arizona Child Support Guidelines are as follows:

  • Adjustments to income prior to calculation of support;
  • Additional childrearing expenses besides basic child support;
  • Adjustments for Older Children;
  • Low Income Adjustment; and
  • Cost Associated with Parenting Time.

Contact an experienced lawyer for a detailed explanation on the amount of child support the law requires you to pay. Arizona Child Support Guidelines have been revised and it is important to get an attorney that understands the changes in the guidelines.


Resources

American Coalition for Fathers and Children - Members of ACFC are dedicated to the increasing public awareness of the need to promote equal rights for both fathers and mothers. This organization promotes reform of the laws to fairly address the roles, rights and responsibilities of both parents.


Daly Law Firm, PLLC - Phoenix Father’s Rights Lawyer

Contact an experienced family law attorney for Phoenix and Scottsdale, AZ, to discuss ways to protect the father and child during child support, child custody, visitation, and paternity actions. If want to maintain a strong and healthy relationship with your child, let me help you protect your rights during child custody and visitation hearings. Call me at (480) 607-8308 for a free consultation.

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