John Bednarz, P.C. | Divorce & Family Law Attorney
View Practice Areas
Relax and meet John

Fathers' Rights Archives

How the wishes of the child play into Arizona custody orders

As this blog has discussed previously, fathers who live in Phoenix, Arizona, but not in the same home as their child's mother, generally speaking have the exact same rights to custody as the child's mother. In other words, courts in Arizona are going to look at what the best interests of the child are when it comes to deciding custody and should not automatically presume the mother is going to be the best custodial parent.

When is paternity presumed in Arizona?

Paternity can be a complicated matter, rife with contentiousness. There are multiple factors that affect the mother, the presumed father and the child. It is imperative that the parents understand what the law says about presumption of paternity and how to address any issues that arise with a case from the perspectives of everyone involved.

A lawyer can assist with a state paternity suit in Arizona

When there is a paternity issue, it can be a worrisome and problematic issue to overcome. This is something that often arises with unmarried people who are either unsure as to the paternity or are embroiled in a dispute. It is easy to forget the children when the parents disagree about major issues such as paternity, but a main factor in these cases is the best interests of the child. Having legal assistance is vital not just to satisfy the parents or possible parents, but for the child as well.

How helpful are paternity tests during custody disputes?

When child custody disputes arise, parents in Arizona may have to take additional steps to sort them out. If a mother contends that a man is the father of a child or a man is seeking to gain fathers' rights by asserting that he is the father of a child, DNA testing will be necessary if the parties disagree as to the man's fatherhood of the child.

The significance of establishing paternity

When a baby is born in Arizona and any other state in the nation, there is a common misconception that when a man is listed as the father on a birth certificate, this automatically affords him fathers' rights. While being listed as a father could help support a claim for paternity, this alone does not establish paternity. There are several means to establish paternity; however, the goal of this process is to prove whether or not a man is the father of a child.

Is the family law system really stacked against fathers?

Many fathers in Phoenix, Arizona, who find themselves in the middle of a custody dispute with their children's mother may believe the common perception that, should they wind up in front of a judge, they will not get a favorable result in a custody case.

When a claim of paternity turns out to be fraudulent

A number of U.S. jurisdictions presume that a man is a child's father if he was married to the child's mother when the child was born. If the parents are unmarried when the child is born, a voluntary acknowledgement of paternity will establish a legal relationship between a man and a child. However, in Arizona and throughout the rest of the country, mistakes and even malicious conduct can give a man paternal responsibilities over a child that is biologically not his offspring.

What kinds of DNA testing are used to prove paternity?

The science of testing for paternity has improved over time. Previously courts throughout the United States used blood tests to demonstrate the likelihood that a man was the father of his presumptive child. However, these tests were not always conclusive and often left the door open for questions regarding whether the correct man had been identified as a biological parent.

Can an unmarried father seek custody of his children?

Custody disputes often arise when married individuals decide to divorce. Along with determining how they will divide their property and money, establishing a child custody plan is one of the most important things that Arizona parents must do. However, custody issues can come up for parents who have never sought legal recognition for their relationships.

Violence, drug abuse may lead to change in custody order

One of the most important factors that an Arizona court will consider when it is creating a child custody order is how that order should be crafted to serve the best interests of the child subject to its terms. In this respect, child custody orders and arrangements are highly case-specific, as an arrangement that may serve one child's needs may not be proper for the needs of another child. Several factors, however, are generally considered dangerous to the interests of a child, and if present in the life of a custodial parent, may result in that parent's loss of rights to custody.