Fathers' Rights

Tucson Fathers' Rights Attorneys

Protecting the Rights of Fathers in Arizona

When it comes to family law, fathers often feel like they are at a disadvantage. This is because, historically, mothers have been given preference in child custody and visitation matters. However, the law has changed, and fathers have the same rights as mothers. At McNorton Fox PLLC, we are committed to helping fathers protect their rights and the best interests of their children.

Do you have questions about fathers' rights in Tucson? Call (520) 415-2970 or contact us online to schedule a consultation with our team.

Understanding Fathers' Rights

When it comes to fathers' rights, it is important to understand that the law does not favor one parent over the other. Instead, the court will make decisions based on the best interests of the child. This means that, as a father, you have the same rights as the mother and are entitled to the same consideration.

Some of the most common questions we receive about fathers' rights include:

  • Can I get custody of my child if I am not married to the mother? Yes. If you are the biological father of the child, you have the same rights as the mother. This means that you can seek custody and visitation, even if you were never married to the mother.
  • What if I am not the biological father of the child? If you are not the biological father of the child, you do not have the same rights as the mother. However, if you have legally adopted the child, you will have the same rights as the mother.
  • Can I get custody of my child if I have a criminal record? It depends on the nature of the crime. If you have a criminal record, the court will consider the best interests of the child. If the crime was violent or involved the child, the court may not grant you custody. However, if the crime was non-violent and did not involve the child, the court may still grant you custody.
  • Can I get custody of my child if I have a history of drug or alcohol abuse? It depends on the nature of the abuse. If you have a history of drug or alcohol abuse, the court will consider the best interests of the child. If the abuse was recent or involved the child, the court may not grant you custody. However, if the abuse was in the past and did not involve the child, the court may still grant you custody.

Child Custody for Fathers

When it comes to child custody, the court will consider the best interests of the child. This means that the court will consider a variety of factors, including the relationship between the child and each parent, the ability of each parent to provide for the child, and the child's wishes.

There are two types of child custody in Arizona:

  • Legal custody: This refers to the right to make important decisions on behalf of the child, such as where the child will go to school and what religion the child will practice. Legal custody can be joint or sole.
  • Physical custody: This refers to where the child will live. Physical custody can be joint or sole.

When making a custody determination, the court will consider the following factors:

  • The relationship between the child and each parent
  • The ability of each parent to provide for the child
  • The child's wishes
  • The child's adjustment to home, school, and community
  • The mental and physical health of each parent
  • Whether there has been a history of domestic violence

It is important to note that the court will not consider the gender of the parent when making a custody determination. Instead, the court will consider the best interests of the child.

Paternity Rights for Fathers

When it comes to paternity, the law in Arizona is clear. If you are the biological father of the child, you have the same rights as the mother. This means that you can seek custody and visitation, even if you were never married to the mother.

There are two ways to establish paternity in Arizona:

  • Voluntary acknowledgment: If you and the mother agree that you are the father of the child, you can sign a voluntary acknowledgment of paternity. This is a legal document that establishes paternity.
  • Genetic testing: If you and the mother do not agree that you are the father of the child, you can request genetic testing. This is a simple test that will determine whether you are the father of the child.

Once paternity has been established, you will have the same rights as the mother. This means that you can seek custody and visitation, even if you were never married to the mother.

Fathers' Rights to Visitation

When it comes to visitation, the court will consider the best interests of the child. This means that the court will consider a variety of factors, including the relationship between the child and each parent, the ability of each parent to provide for the child, and the child's wishes.

There are two types of visitation in Arizona:

  • Supervised visitation: This refers to visitation that is supervised by a third party. Supervised visitation is typically ordered when there is a history of domestic violence or substance abuse.
  • Unsupervised visitation: This refers to visitation that is not supervised by a third party. Unsupervised visitation is typically ordered when there is no history of domestic violence or substance abuse.

It is important to note that the court will not consider the gender of the parent when making a visitation determination. Instead, the court will consider the best interests of the child.

Protecting Fathers' Rights

When it comes to fathers' rights, it is important to understand that the law does not favor one parent over the other. Instead, the court will make decisions based on the best interests of the child. This means that, as a father, you have the same rights as the mother and are entitled to the same consideration.

At McNorton Fox PLLC, we are committed to helping fathers protect their rights and the best interests of their children.

Do you have questions about fathers' rights in Tucson? Call (520) 415-2970 or contact us online to schedule a consultation with our team.

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