It’s common for parents to raise children together without ever getting married. For single parents in Arizona, questions about parenting time and decision making can feel daunting. Parents who never lived together, and especially fathers, may face unique issues concerning their eligibility for custodial rights. The good news is that, once paternity is legally established, state law provides for granting parenting rights and responsibilities to both parents much as it does for divorcing couples. 

Parenting time refers to the schedule governing the child’s periods of residence with each parent. This is distinct from legal decision making, which is the authority to make choices about education, health care and other important issues. Parenting time is especially important in providing children with stability, a sense of belonging and consistent contact with both parents.

For unmarried fathers, Arizona law does not automatically recognize legal rights until paternity is established. This first step can be accomplished either by both parents signing a voluntary acknowledgment of paternity or through a court order based on DNA testing. Formal paternity status unlocks rights and responsibilities related to parenting time, decision making and child support.

When parents cannot agree on parenting arrangements, Arizona courts make decisions based on the best interests of the child. Judges consider multiple factors, including the strength of each parent’s relationship with the child, the child’s adjustment to their home and school, each parent’s ability to provide stability and any history of domestic violence or substance abuse. 

Courts strongly prefer that parents collaborate on a plan, as the law presumes involvement from both parents is best for the child unless compelling safety concerns are shown. If agreement proves impossible, mediation may help. Failing that, a judge usually will impose a plan designed to maximize the child’s meaningful relationship with each parent. 

Parenting time orders can be modified if circumstances change substantially, such as relocation of a parent, changes in work schedules or new safety issues. It’s essential to pursue changes through the court rather than relying on self-help or informal agreements.

In sum, once paternity is established, both parents have legal rights when it comes to parenting time and decision making. An experienced family law attorney can assist with proving paternity, developing a fair parenting plan and taking action to protect your relationship with your child.

At Clark & Schloss Family Law, P.C. in Scottsdale, we advise Arizona residents on all aspects of child custody, including parenting plans. We serve clients throughout Maricopa County. Call us at 602-789-3497 or contact us online to schedule a consultation.