Serving Metro Phoenix

Main Office
7537 East McDonald Drive
Scottsdale, AZ 85250

Experienced Child Custody
& Support Representation

  • · Child Custody Petitions
  • · Child Support
  • · Parental Rights and Visitation
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Mother’s Rights

Mother's Right's movements and Father's Right's movements are getting popular in family law. Historically mothers are seen as the primary caregivers for children. Arizona has tried to move away from the default position of giving mothers automatic preference in child custody disputes. Arizona courts employ the “best interest of the child” standard instead of the “tender years’ doctrine” which states that young children should be with their mother. At the same time just because a father earns more money than the mother does not automatically entitle him to child custody either. Mothers need to employ legal assistance when engaged in any child custody dispute.

Scottsdale Mother’s Rights Attorney

At the Daly Law Firm, we are experienced and knowledgeable of child custody arrangements in Arizona. We handle a wide range of child custody matters in Phoenix, Scottsdale, and the surrounding areas of Maricopa County. It is important for mothers to get adequate legal representation in custody arrangements.


Accusations Against Mothers

Custody battles can get very unpleasant. Fathers may make allegations about the mother's behavior to show the mother is unfit and gain the upper hand in a child custody dispute. Some of the most common allegations for unfitness are:

  • Adultery
  • Drug or Alcohol Use
  • Neglect or Abuse
  • Sexual Abuse

Arizona has a high standard for unfitness. The mother’s actions or behaviors must put the health and safety of the child at risk. False allegations are frowned upon in Arizona courts. If a false allegation is made against a mother, the proper government agencies will investigate. It is an uncomfortable process, but if there are no signs of abuse or neglect the charges will be dropped. A false allegation can work in a mother’s favor because it wastes valuable time and resources. Judges do not like parties needlessly dragging out the child custody disputes.


Child Support Options for Mothers

A mother has the right to make sure her child gets adequate support. Mothers in Arizona can go to court and get a child support order to make sure that the biological father supports the child. If the father fails to comply with the court order it is possible to notify the court and have his wages garnished or even jail time imposed for failure to pay child support.

Arizona’s child support regulations are handled by the Arizona Division of Child Support Enforcement. You can go through that office and file for child support or you can hire an experienced lawyer. You will have to establish the paternity of the child. Based on the Arizona Child Support Guidelines, the court will create a child support order.


Child Custody for Mothers

The best interest of the child standard is applied to custody disputes. In Arizona, there are 4 basic types of custody arrangements:

  • Sole Legal Custody - the court orders one parent responsible for making legal decisions for the child.
  • Joint Custody - the court orders both parents to have legal custody or physical custody or both legal and physical custody.
  • Joint Legal Custody - the court orders both parents responsible for making legal decisions for the child.
  • Joint Physical Custody - the court orders for the child to spend equal time with both parents.

It is important for a mother to hire an attorney in order to protect her parental rights. Some fathers will claim that the mother is working long hours as a single parent so the child is neglected. As long as the mother gets adequate child care she is entitled to work in order to support herself and her child.


Daly Law Firm | Mother’s Rights in Phoenix, AZ Family Law Cases

If you are a mother in Arizona dealing with child custody issues, it is highly recommended that you seek legal guidance. You need a Scottsdale child custody lawyer to guide you through the local court system. The Daly Law Firm has the knowledge and experience to help you successfully reach a child custody agreement. If you are in the Phoenix, Scottsdale, Maricopa County area, don’t hesitate to call us at (480) 607-8308 for a free consultation regarding your child custody questions and concerns.

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