The state of Arizona allows mothers to seek custody rights over their children. Whether the mother is married or unmarried, she has the ability to secure the custody of her child or children. A recent change in the custody guidelines now allows fathers to seek equal rights with mothers. Before that, mothers were given the ‘benefit of the doubt’ and were typically given default custody rights by the court and judges. However, that trend is changing now.
Any mother seeking child custody is advised to hire an attorney to help with her case. Whether the couple is going through a divorce, or if they have moved on with their lives, things can change. Issues can come up any time. However, when a mother has the children the majority of the time, she will receive a reasonable amount of child support to raise them. If the ex husband fails to pay the child support that is ordered by court, the mother has the right to take the matter up with the courts to enforce that order. An experienced attorney can have the ex-husbands wages garnished and have the child support payments automatically deposited in the mother’s bank account.
Rights of Married and Unmarried Mothers
Mother’s rights are different for married and unmarried mothers going through a divorce.
In the case of married mothers, both the father and the mother are presumed to have equal legal rights when it comes to participating in major decisions about the children. These decisions include the education, religious training, and medical treatment the child should get.
In the case of unmarried mothers, the father’s rights are not yet established. Therefore, the unmarried mother has a lot more power than the unmarried father when it comes to the children. The unmarried mother can put the child up for adoption, or take the child away from the father. She may even refuse the father from seeing the children at all. Unmarried mothers can make all the significant decisions regarding the child without the father’s consent.
In such cases, the unmarried father can file a Petition to Establish paternity. Once paternity is established, the unmarried father may potentially obtain rights to see the child and make decisions regarding the child. Unmarried mothers don’t have to do anything to gain rights to the child as they already have all the rights they need.
Seeking Custody Rights
Unmarried mothers and single mothers have the same legal rights to child custody as married mothers. Moreover, it may be easier for the unmarried mother to secure custody rights if the birth father has been absent from the child’s life or if he is not making any contributions. Each case may be different, based on the circumstances, so it is advised to get in touch with a child custody attorney to better understand the law.
Nowadays, with the recent changes in custody guidelines, courts do not always side with the Mother when it comes to child custody. That’s why it is important to talk to an experienced custody lawyer who can make an aggressive plan in order to allow the mother to gain custody of the child. The Phoenix child custody attorneys at the Cantor Law Group can help you in the custody battle. Call (602) 691-6364 now to schedule a FREE Initial Consultation to discuss your case.
Attorney Jerrold Bodow represents the cases of Criminal Defense, Military Defense & Personal Injury in San Diego CA.
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