In Arizona, a father can get visitation rights if he can prove that he is an active participant in the child’s life. This includes being involved in child care, making decisions about the child’s welfare, and spending time with the child. A father who wants to establish or enforce his visitation rights should seek legal help to make sure his case is handled correctly.
Fathers Need To Establish Their Visitation Rights Separately If They Are Unmarried
Arizona visitation rights under Arizona law are not always easy for the non-custodial parent to obtain. The visitation schedule is typically arranged by agreement between the parents or the court will make the visitation order based on what will be best for the children involved, regardless of who requested it. However, parental rights are vital for any child’s well-being and need to be protected at all costs.
A mother is always established for her child so visitation rights with the father aren’t required in most states. However, since more and more women are choosing to raise their children on their own than ever before visitation rights for the fathers should be acknowledged as well.
When parents of children born out of wedlock separate, visitation becomes an issue because you’re dealing with two different families and not just one like traditional marital custody cases. Often times it can be extremely difficult to get visitation and or even joint custody established between unmarried couples but this doesn’t mean that it’s impossible. Unmarried couples should establish visitation regardless of whether they plan on raising their family together or not because both parents will make good parents which will benefit the child more so than a visitation schedule that isn’t properly followed.
In order to get visitation rights in Arizona, a father needs to prove visitation is in his child’s best interests by showing he has been active in their life and that the parents of the child have a difficult time agreeing on visitation issues regarding him or that they can’t agree on any visitation for him at all. If you are seeking visitation with your children you should hire an experienced family law attorney who can help you through this process and provide guidance from start to finish.
The Presumption Of Paternity Should Be Established By Married Fathers
When a child is born to the wife during the marriage, it will be presumed that the husband is also the natural father. The presumption of paternity requires both parents to affirmatively sign an acknowledgment of paternity which becomes part of their birth certificates.
Assert Your Visitation Rights
Father’s visitation rights are meant to protect the parent-child relationship. If visitation with a child has been withheld, or if visitation time has been restricted by another party, visitation rights provide the father an avenue for asserting visitation privileges.
There are some general guidelines that all fathers should know when it comes to exercising their visitation rights.
First of all, the child’s mother will have priority over paternal visitation unless she is unfit or unwilling to care for the child. A court may grant visitation rights to a non-parent who has an established relationship with the child and wishes to maintain that relationship. Finally, any restriction on visitation must be narrowly tailored and designed only as a means of ensuring that the best interest of the children is upheld at all times
Child Support Affect Visitation Rights
Fathers in Arizona are legally obligated to support their children. A father must provide financial support for his child until the age of 18 or beyond in some cases. This obligation continues even if visitation with the father is cut off by the custodial parent or if fathers lose visitation rights due to incarceration or military deployment.
Child support generally represents more than half of what it costs to raise a child so requiring fathers to financially care for their kids ensures that mothers have more resources available to them when they are caring for their children alone.
Child support is a necessary part of the visitation. It’s a way to ensure that the children involved receive their fair share of financial assistance from both parents. When visitation and child support are going to be terminated, it may help to have an attorney on your side.
A visitation or divorce lawyer can provide more insight as well as legal assistance involving visitation rights and visitation schedules, as well as a modification if one parent tries to terminate visitation rights without reason.
If you’re a father in Arizona and you want to establish visitation rights, it’s important to know the law. The good news is that there are ways for fathers to get visitation even if they are unmarried. However, it’s always best to speak with an attorney who can help guide you through the process and make sure your rights are protected. If you have any other questions about fathers’ rights in Arizona, don’t hesitate to give us a call – we would be happy to help.
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The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. We believe in giving families peace of mind no matter their situation, and we fight hard to maintain that peace. Whether you’re filing for dissolution or divorce, determining custody of your children, or thinking about adopting children, our experienced attorneys are here to help you every step of the way. During our private, one-on-one consultation, we’ll take the necessary time to answer all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!
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