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Father’s Rights When Married

The Fathers Rights During a Divorce in AZ

Jurisdictionally, in arizona, there’s a statute state, that really.They don’t.They don’t differentiate between mother and father.If you are married and there are children that take place during that divorce, that those children are assumed to be yours unless there’s.That is a nofault state in arizona.So if there are some indiscretions and you think that maybe your wife had been cheating on you and you want to do a dna test, until you get that dna test done, you are considered to be the father if she’s pregnant while in.

The middle of a divorce.The rights of a father during a divorce are the same as a mother.In arizona, they have now split the areas of law into three, so you have a legal decision making, you have parenting time, you have child support.First, the most easy one to speak about is child support.Child support is very statutized, there’s a formula online that is based upon your income, the income of the other party, and the amount of each parenting time that each party gets.There are some other little.

Nuances to it, but really, you kinda plug the numbers in and what the number comes out to is what that party is gonna be responsible to pay, whether you’re the father or the mother in child support.So it doesn’t necessarily mean, guys, that you’re gonna stop paying child support, it’s possible that the mother would have to pay child support.So please don’t think that this is a mother’s right state or women first.Everybody, they look at them as equal parents in this proceeding.What will happen is they will spit that number.

In child support and what you’ll have to do is if you either.You either can agree to that number or you can ask for a deviation.If you wanna deviate up and pay more child support, the court usually is okay with that but they’re gonna make sure that it’s not done in lieu of some kind of some kind of foul play that you are conceiving other issues.But they’re okay usually allowing a person to pay more child support.If you want to deviate down, that’s when you really gonna have to kinda prove why it’s in the best interest.

Of child and or children and why the.And how the children would still be able to be taken care of if you did deviate down.It is possible to deviate down.It’s not that often, usually it’s done if the child support comes out rather equally.They’ll usually deviate down.The next one is parenting time.Parenting time is pretty much very selfexplanatory, in terms of how much time you are spending with your child.So you are.There is a presumption in arizona that you get.That is in the best interest of the child for there to be a split parenting time, where each parent.

Was to receive 5050 time.Now there are certain big ticket items that will then allow the court to start swaying it back and forth from 5050.So, for example, if there has been a significant domestic violence, if there has been any kind of drug use, if there has been alcohol abuse.And when i’m talking about abuse, i’m not talking about watching a game and drinking a beer, or having a glass of wine.I’m talking about severe duis or any kind of proven alcohol abuse.So don’t worry, guys, you can still enjoy your margaritas.

Or whatever you choose to drink.But, it’s those things, whether you become a registered sex offender, real big ticket items that are gonna start to sway back and forth how the parenting time is going to be.Sometimes the parenting time will deviate a little bit.It might not look fair because of location of each parent.So father for some reason, you were to relocate or you’re across the valley you might not get as much time during the week, but you might get more equal time during breaks and other things when the children.

Do become of school age.So that is how parenting time works.He last one is legal decision making.Legal decision making is where you get to make the decision on big ticket items, like what school the children are gonna go to, what religion are they going to be, any kind of medical procedures that there gonna happen.There are really three levels of decision making.You have the presumption, again in arizona, is that you are going to get joint legal decision making.Joint legal decision making means that both the mother and the father will coparent, you guys will come to an agreement to these.

To what these decisions are for these big ticket items.Now when i say big ticket items, i don’t mean what shirt they’re gonna wear.But it is possible, even about appearance, i have seen some where we’ve argued about haircuts and hair color and different style.It’s important that you do talk to an attorney about that.But joint legal decision making, that’s coparent.The other end of the spectrum is called sole legal decision making.In order to get sole legal decision making, it’s pretty difficult.Again, you’re gonna have to show.

That one of those big ticket items is present domestic violence, alcohol abuse, drug abuse.And, finally, the last one is joint legal decision making with final say.What this means is that each parent is to communicate with the other parent, but one of the parents does have a kind of final say.So it’s kind of, i want them to go to school a, i want them to go to school b, you discuss.If you, as the father, had final say and you wanted school a, then you could say, well, i appreciate it, but we’re gonna go with my decision..

Of course, with that though, there is the ability for the other party to then bring suit against you in court, but they would have to show why it’s not in the best interest of the child and how it’s detrimental for the child.So your rights, fathers out there, your rights aren’t necessarily stripped.Don’t worry that, back in the day, yes, it probably was a little bit more biased towards women, but those are traditional gender roles and that’s why our laws have changed.You have just as many rights as the mother in this.

Rights of an Unmarried Father in Arizona

If you and the mother of the child are not married, fathers or guys, you do have rights.There’s a little bit more of a process that you have to go through, it’s not presumed that you are the father just because you might have had an intimate relationship with the woman who is either with child or is pregnant.What she would need to do is actually, it’s very similar to if you were married.But the number one thing that you have to do first is, you have to file a petition to establish paternity.What that means is that you would.

Either have to submit to a dna test, or it’s possible that you’re on the birth certificate, but it’s actually a very simple process.If the mother of the child simply just admits that you are the father of the child, you can kind of just go over that presumption, and they will grant that as you being the father of that child.Also, on the flip side, if a woman comes to you, and says, hey, this is your child, and you need to start supporting it, they also have to establish paternity.So, you could.

Ask for a dna test, and then, usually what will happen is, you could also ask for the failing party of the dna test.So, if you want it to be your child and she doesn’t want it to be your child, or she wants it to be your child and you don’t want it to be your child, whoever is the nonprevailing party usually would have to pick up the fees and the costs associated with that dna test.But after that, and after the dna test is done and it is proven to be your child, there’s the same areas of law and same areas of rights.

Are established.There is legal decisionmaking, parenting time, and child support.Now guys, i’ve had quite a few clients who.The mothers have come, and the children are already grown up a little bit so, if there is a child who is of significant age but still under the age of 18, they could still try to establish that paternity, and try to get you for child support.The good news is, though, that they can only get you for three years of that child support.So, hopefully that doesn’t happen to you, but it is possible.Those are your.

Rights, you do have rights if you’re married.Here’s the thing though, guys.If you are not married.It’s kind of, both, if you’re married or you’re not married, until there is a court order in place, it’s kind of the child.The parent who’s holding the child can, kind of, dictate and doesn’t necessarily have to give you parenting time, so if you and the mother of the child are not getting along, it is good to get some kind of court order in place if you’re not at an amicable place.

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