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.
How to Get Custody of a Child in Arizona Phoenix Family Lawyer
Hi i’m david cantor with the cantor law group. A lot of times people ask us, How do you get custody of a child? What what you need to do is file what is known as a petition to establish custody. Now i’m using the word custody, it’s changed in arizona recently to parenting time, but everybody still calls a custody.
Once you establish that the courts will take you through certain checklists on what is in the best interest of the child to established custody. There’s also a second issue, sometimes you have to file a petition to establish paternity. That is what you file first if a child is born out of wedlock, this is obviously for the father, the mothers fairly clear that she had the child.
So father would have to establish paternity first, once paternity is established, then you’d go through parenting time or child custody where you go to the judge and you say look, here’s the hours I work, the time I put in, the education educational needs of the child, the religious needs of the child, and the judge will look at a bunch of factors when deciding who gets custody and for how long. In arizona something new happen as of January 1st, 2013,.
It used to always assume the primary caregiver, which is usually always the mother, had the majority of the time, where the day would get every other weekend. Well that all changed, now they’re trying for fiftyfifty regardless of who the primary caregiver is. So that means even though dad a working dad, if he wishes he can get fifty percent custody and that means he’d obviously have to pick up the kids afterschool, or.
Have daycare arranged, then he’dcome home and be with the kids at night, more responsible for homework, more responsible for activities, but believe it or not there’s a lot of dads out there that are willing to take on more responsibility as well as a lot of mom’s. If this involves you give us a call and we’ll help you out.