Child Custody Rights Outside of Marriage
The issues unmarried parents face when their relationships end differ in significant ways from those faced by married couples who divorce.
The pivotal point is that married men are automatically assumed to be the father of children born to or conceived by their wives during the marriage. Unmarried fathers are not automatically presumed to be the biological parent of their children.
Attorney Wendy Raquel Hernandez is a Phoenix family lawyer who helps unmarried couples — including same-sex couples — resolve issues related to adoption, paternity, child custody, visitation rights, and child support.
Establishing Paternity
Unless paternity is legally established, an unmarried father has no legal right to participate in his child or children's upbringing. He cannot make decisions about education, religious training or medical care, for example. If a mother decided to take the children and move out of state, the father who had not established his rights in court would have no legal standing to object to the move. If a child is hospitalized and the mother objects to the father's presence, he may not be permitted to visit his own child in the hospital.
Without legally established paternity, a father has no current obligation to pay child support, although a judge may later hold him responsible for the costs of a child's birth or for back child support. Once paternity is made official, we can file a petition to establish the father's right to child custody, parenting time and his obligation to pay child support.
Arizona law gives same sex couples little protection or guidance when it comes to issues involving child custody or visitation. Despite this, an individual who acted in the place of a parent may have rights to parenting time after a relationship has ended, particularly if the court can be convinced that it is in the best interest of the child.
Our law firm is experienced in helping non-traditional families with their legal issues. To arrange a consultation about your child custody rights, please do not hesitate to contact The Law Offices of Wendy Raquel Hernandez, P.C. From offices in Phoenix, we represent clients throughout Arizona.
