What to Expect During the Divorce Process in Phoenix, AZ

Unmarried parents in Glendale, AZ can confirm their legal fatherhood without having to go to court. But it requires both you and the child's mother to sign the state's acknowledgment of paternity and file it with the right entity. Voluntary Acknowledgment of Paternity for Unmarried Parents in Glendale, AZ When a child is born to parents who are not married to each other, Nevada does not automatically treat the man as a legal parent merely because he is present at the hospital or listed informally on paperwork. The mother-child relationship is recognized because it's obviously by the birth itself, but the father-child relationship must be created by a method the law accepts. What you need is a notarized or witnessed statement signed by both parents, containing the Social Security numbers of both, or two separate statements that are substantially saying the same thing: that you're the father. The witness, if you use one instead of a notary, must be an adult who is not related to either parent by blood or marriage. Once you've properly filed this with the right court, the declaration is a determination of legal fatherhood and has the same force and effect as a superior-court judgment. How It Normally Works Hospitals and birthing centers run something called the Hospital Paternity Program, where you can easily complete the CS-127 acknowledgment while you are still on the maternity floor. Staff must give you oral and written notice of your rights, duties, and alternatives before you sign. If you miss that window, you can still sign later at a Division of Child Support Services office or a vital-records office, so long as the child is under eighteen, though some extra steps will be involved. At that point, Vital Records can amend the birth certificate to add your name as the father. What You're Signing As with any legal document, be sure to read what you are accepting before you sign. The form states that you are legally establishing fatherhood, that you're signing voluntarily, that you should not sign if you have been threatened, and that you are giving up a hearing and genetic testing. It also obligates you to support the child, but the form itself isn't a custody order, and it doesn't give you any right to parenting time or decision-making authority: you'll need to establish that separately. However, the declaration will serve as your legal basis for gaining those rights. Undoing It Both you and the mother have a short chance to undo the filing. Either parent may rescind their acknowledgment within sixty days after the last witnessed or notarized signature or before an administrative or judicial proceeding relating to the child begins (if that signer is a party), whichever comes first. After that earlier date, you can only challenge it if you can prove fraud, duress, or a material mistake of fact. To enjoy all your rights as a father and to provide your child with all the benefits of being your legal child, you'll need to establish the legal footing for your claim. Call the Law Office of Cosmas Onyia today to set up a free consultation. We help mothers and fathers throughout Maricopa County protect their parental rights and work towards a stable future for their children. Contact us today for help in Glendale, Avondale, Chandler, El Mirage, Goodyear, Mesa, Scottsdale, Surprise, Tempe, and the surrounding areas.

If you're a father facing divorce proceedings in Mesa, NV, it's important to proactively defend your parental rights and stay involved in your children's lives. A lawyer can help you understand all your rights and protect them. Parental Rights Considerations for Mesa, NV Fathers Many fathers still believe the court will default to giving the mother custody and preference for day-to-day care, or that equal time with their children is somehow harder to obtain. Arizona law, however, treats both parents as equal by default and may not prefer one parent over the other because of gender. Every decision about legal decision-making and parenting time has to be made according to what's in the best interests of the child. Best Interests of the Child Rule How does the judge decide what's in the child's best interests? The court will consider a wide range of factors, including: The history (and future potential) of your relationship with the child How the child gets along with each parent and with siblings How well the child has adjusted to home and school The child's own wishes ( if the child is mature enough to express them) The mental and physical health of everyone involved Which parent is more likely to support frequent and meaningful contact with the other parent Any history of domestic violence or abandonment or false reports of abuse Involvement of each parent in the child's life so far Other evidence you and the other parent may present Making Decisions and Having Custody Legal decision-making and parenting time are separate questions for the court. Legal decision-making involves having a say in all the child's major life choices, like where they go to school, their medical care, their religious upbringing or lack thereof, etc. Parenting time is about where the child sleeps, who handles school drop-offs, when the child spends time with each parent, and how holidays and vacations are split. With both decision-making and parenting time, the court can award either joint or sole authority. Just because the parents have shared legal decision-making rights does not automatically mean they will have equal parenting time. And just because you don't have the same parenting time doesn't mean you've lost your right to take part in major decisions. The court will default to shared decision-making unless there is very clear evidence that one of the parents shouldn't have that right. Knowing About Your Child You also have the right to access your child's educational, medical, and other records, regardless of what the court determines about parenting time or decision-making. Unless a court actually issues an order that restricts that access, which is very rare, both parents are entitled to the same information. Child Support Child support also doesn't favor one parent or the other; you're not required to pay it just because you're the father. Instead, it's calculated by a statutory guideline that considers both the parents' incomes and the amount of parenting time each has. You cannot be denied parenting time because you owe support, and you cannot withhold support because you are unhappy with the parenting schedule. If you're a father facing divorce, contact the Law Office of Cosmas Onyia for a free consultation. We've served the Avondale, Chandler, El Mirage, Glendale, Goodyear, Mesa, Scottsdale, Surprise, and Tempe, AZ areas for over three decades.

When parents separate, one of the most important issues that has to get worked out is how to sort out living arrangements and decision-making for their children. Talking with a child custody attorney here in Phoenix, AZ can give you a clear understanding of what the laws are and how they're likely to affect your family situation. Child Custody Factors that Phoenix, AZ Courts Take Into Account Arizona law directs the courts to give legal decision-making power and parenting time based on what best serves the child's overall well-being. Many parents reach an agreement themselves about how to deal with these issues, and most of the time the court will accept the parents' plan so long as it is well thought out and clearly in the child's best interests. When parents cannot agree, the court will decide, and the court will consider a number of factors. Some of the most important are: Parent/Child Relationships The first factor is the past, present, and potential future relationship between each parent and the child. The court will look at who has handled daily care of the child, attended events, helped with homework, and stayed in regular contact. The history is important because consistency matters so much for children. Other Family/Friend Interactions The court will also consider how the child interacts with siblings, extended family, and any other adults who play a big role in daily life. If a child has strong bonds with grandparents or step-siblings, the court will often want to keep those connections stable. Child's Views When a child has reached an age and level of maturity where they can form reasonable views, their wishes about where they spend time and who makes decisions will be considered. There's no fixed age at which this happens: basically, the more clearly and maturely a child can articulate not just their preference but also their reasons for it, the more weight their preference will have. However, the child's preference is never the final word in these matters. Mental and Physical Health The mental and physical health of everyone is another key factor, and this covers any conditions that could affect a parent's ability to provide safe, consistent care or meet the child's specific needs. Having a health issue doesn't automatically disqualify someone from parenting time or decision making authority, but the court wants to see how it gets handled and whether supports are in place. Support Which parent is more likely to support the child's ongoing relationship with the other parent? The courts look favorably on a parent that is willing to share information about school and activities, encourage contact, and avoid negative talk about the other parent in front of the child. History of Abuse or Neglect If there's any history of domestic violence or child abuse, this will trigger some presumptions and protections under the law. If one parent used coercion or duress to get the other to sign an agreement, for example, or if someone has been abusive or neglectful, those things will count heavily against them. However, false reports of abuse or neglect are also very serious and something a judge must consider. For help with your child custody situation, separation, divorce, or any other family law issue, contact us today at the Law Office of Cosmas Onyia in Phoenix, AZ. We also serve families in Mesa, Avondale, El Mirage, Glendale, Goodyear, Scottsdale, Surprise, and Tempe.