Parenting Rights for Unmarried Parents

The most popular month for weddings, June, has passed, and the honeymoons are over.  For those who choose to skip the formal ceremony, did you know that Arizona does not recognize "common law" marriage?  In some states, if a couple has been living together and presenting themselves as a married couple, they are treated as a legally married couple. In Arizona, this is not true.

To be legally married in Arizona, a couple must 1) purchase a marriage license, 2) an authorized person must perform the wedding ceremony, and 3) the signed marriage license must be returned to the court clerk for recording. If a couple does not complete each step, then they are not legally married under Arizona law. Once exception to these requirements are Native American couples who marry according to tribal custom. Still, establishing the validity of such marriages may require court intervention.

When an unmarried couple with children separates, fathers are often surprised to learn that if there is a dispute over parenting time, or decision making, the father may have few rights regarding his children without court involvement.  Even though the father may be on the birth certificate, paternity and parenting rights usually must be established through the court.

To establish which parent will make decisions for the children, and how the children will spend time with each parent, the parents will need to establish paternity through the court and file a parenting plan. If the parents agree, then matters proceed simply. If parents disagree, the court will usually send the parents to mediation to determine how decisions for the children will be made and establish a plan to share the children.  The court mediators work with the parents to create a plan that will be best for the children. This agreed upon plan is signed by the parents and sent to the judge for approval.

If parents cannot agree, then the court will set a settlement conference or trial and the parents will have to explain their position to the court. The court may  make the decisions, if the parents still cannot agree. However, if the judge feels that one parent is being unreasonable, the judge may penalize the unreasonable parent.

A petition to establish paternity, legal decision making, and parenting time has another other important factor: child support.  A child support order will be entered based upon the parents incomes, who is paying for insurance and child care, and how much time each parent spends with the children. The Arizona Courts offer a free child support calculator online.

The above information is specific to Arizona only.

Have a question? Feel free to contact us at (928) 778-3113, through our contact us form, via email, or visit us at www.PrescottTax.com.